R N SINGHAL Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) In this writ petition the petitioner has sought directions that he be given the same pay which he was drawing on 21.9.70. the date on which he was removed from service and he should be given increment which have become due after three years of the re-instatement falling due after 21.9.70 and he should be given his seniority which he was holding prior to his services being terminated and directions be given to respondent No. 2 to decide the appeal of the petitioner which he had filed on 7th May, 1975 against the order dated 18.1.71.

(2.) Facts giving rise to the present writ petition are-that the petitioner was employed with DESU as a Work Charge Store Mate on 29.12.60 and was confirmed as Asstt. Time Keeper in the pay scale of Rs. 110-180 vide office order dated 19.1.70. The petitioner was subjected to disciplinary proceedings and he was charge-sheeted and an inquiry was held and the Inquiry Officer in his report dated 7.7.69 found him guilty of one of the charges. Vide memo dated 28.3.70 respondent No. 3 served a show cause notice on the petitioner mentioning that he agreed with the report of the Inquiry Officer and penalty of removal from service was proposed to be imposed. The petitioner submitted his reply to the show cause notice and vide order dated l9th/21st Sep. 1970 the petitioner was removed with immediate effect. The petitioner filed an appeal on 16.10.70 with the Deputy G.M.

(3.) The petitioner inspite of reminding the appellate authority could not get his appeal decided and he is stated to have met the appellate authority and had verbally been informed by the Deputy G.M. that he was not being reinstated. The petitioner again approached the Dy. G.M. who informed him that the Vigilance Deptt. was not inclined to take the petitioner back in service. As his appeal was not being decided and he was not being communicated officially regarding the fate of his appeal, the petitioner filed C.W. No. 1081 of 1971 on 6.10.71 seeking directions to the appellate authority to decide his appeal. In pursuance to the order of the Court, the appeal file was produced before the Court and it was revealed that an order dt. 18.1.71 had been made by the appellate authority which is to the following effect :-