Shanker Raju, J. - (1.) AT the outset, we may quote the observations of the Hon'ble Supreme Court in D.M. Premkumari v. Divisional Commissioner, Mysore Division and Ors. 2009(1) SCR 1094: "The law is merciless", is a most frequently quoted saying. It has led people to mistakenly think that it is separated from feelings of righteousness. We have become used to the understanding that such emotions as indignation, sorrow and compassion should not exist in legal cases, especially not in judiciary. This, in our view, is a mis -understanding. Judiciary has a very strong sense of justice and it works to maintain social justice and fairness. We hasten to add, judiciary does not believe in misplaced sympathy.
(2.) IT is also trite that a fake appointment if proved, on cancellation, does not require following of principles of natural justice, as ruled by the Apex Court in Union of India and Ors. v. M. Bhaskaran : 1996(2) SLJ 25 (SC) : 1996(32) ATC 94 and State of Manipur and Ors. v. Y. Token Singh and Ors. : 2007(3) SLJ 394 (SC) : (2007) 5 SCC 65. Applicants, who are regular substitute safaiwala, are aggrieved by an order passed on 18.5.2007 by the Respondent -Commissioner, Municipal Corporation of Delhi (MCD), whereby invoking Section 95(2)(b) of Delhi Municipal Corporation Act, 1959 as well as Regulation 9(H) of the D.M.C. Services (Control and Appeal) Regulations, 1959, pursuant upon registration of criminal case by CBI against the applicants under Sections 420/467/468/120B IPC they have been dismissed from service on dispensing with the enquiry as not reasonably practicable. Also assailed is a common order passed in appeal on 30.5.2008 by the Lieutenant Governor, whereby the appeal preferred against the respective orders of dismissal by the applicants have been rejected.
(3.) APPLICANTS , numbering 7, have been working, as contended, as substitute safaiwala since 1990 in Circle -40 -A, Uttam Nagar, West Zone of Respondents and were regularized in April, 2001 by an order passed by one Shri R.K. Lakra, Sanitation Superintendent, West Zone on the vacant posts in Circle -20, Ashok Nagar. A case FIR No. RC -DUA 0063/2003 was registered at P.S. CBI/ACB/N.Delhi Under Section 420/467/468/120B IPC and also Under Section 13(2) read with Section 13(i)(d) of Prevention of Corruption Act against Shri R.K. Lakra and Shri Jeet Ram, SG/Beldar. On completion of investigation the case is subjudice before the Court of competent jurisdiction.;