BHOPAL SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petition impugns the order dated 29th March, 2019 of the Central Administrative Tribunal (CAT), Principal Bench, New Delhi of dismissal of OA No.2227/2016 preferred by the petitioner. The said OA was preferred by the petitioner, impugning (a) the order dated 30th April, 2015 of the Disciplinary Authority of the respondent Delhi Development Authority (DDA), in exercise of powers under Regulation 30(2) of the DDA Conduct, Disciplinary and Appeal Regulations, 1999, of dispensing with the conduct of enquiry for imposing penalty and of imposing the penalty of dismissal from service with immediate effect, under Regulation 23(j), with no consequential benefits on the petitioner; and, (b) the order dated 14th September, 2015 of the Appellate Authority of the respondent DDA of dismissal of the departmental appeal preferred thereagainst.

(2.) When this writ petition came up first before this Court on 30th July, 2019, on the contention of the counsel for the petitioner that the petitioner had rendered 32 years of service and the punishment of dismissal from service was disproportionate and had the effect of forfeiture of past service and retirement benefits and that the petitioner was willing to accept the punishment of compulsory retirement instead of the punishment of dismissal from service, notice of the petition was ordered to be issued.

(3.) The counsel for the respondent DDA, under instructions, states that the respondent DDA, considering the past conduct and behaviour of the petitioner, particularly of involvement in illegal instances, disorderly and indecent behaviour, within the premises of the respondent DDA and also outside such premises, with the senior officers, is not willing to reduce the penalty of dismissal from service, to that of compulsory retirement.