- (1.) Joining service on April 26, 1963 as an Inspector Grade II with the erstwhile Delhi Electric Supply Undertaking, the appellant earned promotions and when he was served with a charge memorandum which has resulted in a penalty being levied upon him, he was working as an Assistant Engineer. The undertaking had by then been taken over by the Delhi Vidyut Board.
(2.) By a memorandum dated September 18, 1993, the appellant was charged while working as an Assistant Engineer in District Najafgarh during 1991, with mala-fide intention and ulterior motive extending undue favour to the consumers by not completing the requisite commercial formalities while sanctioning tube well connections in village Mundka in utter disregard of the departmental instructions issued in this regard, thereby violating Rule 3(1) of the CCS (Conduct) Rules, 1964.
(3.) The statement of imputation in support of the charge memorandum brings out the contours of the illegalities alleged to have been committed by the appellant. It reads as under:- "Shri R.C.Gupta, AE (PS) while working as such in District NJF, during 1991, was required to maintain absolute integrity, devotion to duty and to do nothing which may be unbecoming of an employee of the undertaking. However, it has been observed during joint inspections on 01.10.91 and 03.10.91, that a large number of tube well connections were sanctioned/energized illegally in village Mundka in District NJF, which were being misused for industrial purposes. It has also been observed that there was no agricultural activity, and no sign of tube well etc. The land was divided into industrial plots having boundary walls. The PCC poles were erected in orderly fashion on the pacca roads sides to electrify the industrial complex. In order to facilitate the plot holders, the connections were sanctioned in utter disregard to the orders and instructions of the subject. It has further been observed that Shri R.C.Gupta, AE (PS) sanctioned the connections bearing K.Nos.902/AP/160059, 160061, 16007, 160025, 160024, without mentioning the motor no. of the pimping sets and accepted incomplete applications. As such instructions of O.O.No.CE (Com)/87-88/2 dated 04.05.87 and O.O.No.CO.II/Com.26/85-86/2 dated 06.05.85 were violated. It has also been noticed that genuineness of load/TF were not ascertained before sanctioning the connections from zonal staff. Thus O.O.No.CO.II/Com.26/90-91/2 dated 23.05.90 was violated. He did not even mention that distances from PCC pole as indicated by BDO in his certificate. It is thus evident that Shri Gupta sanctioned the connections in utter disregard to the departmental instructions with mala-fide intention and to extend undue favour. Thus, he contributed in establishment of illegal industrial complex at the cost of the undertaking. Thus, by the aforesaid act, Shri Gupta, exhibited lack of integrity and devotion to duty and thereby violated Rule 3(1) of the CCS (Conduct) Rules, 1964, which for good and sufficient reasons render him liable for disciplinary action under regulation 7 of DESU DMC) Service (C & A) Regulations, 1976 read with Section 95 of DMC Act, 1957.";