GURDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant of this O.A. has prayed for quashing the order dated 21.4.1999 and the order dated 25.8.2000 passed by the Govt. of India. It is also prayed that all benefits admissible to the applicant from the date such benefits have been allowed to his next junior also be given to him including the Jr. Administrative Grade and the Selection Grade.

(2.) Learned Counsel for the applicant Mr. Sundeep Dixit and for respondent No. 2 Mr. A.K. Chaturvedi have been heard and pleadings on record have been perused. During the course of hearing on 30.7.2003, learned Counsel for the applicant Mr. Sandeep Dixit stated at the bar that at this stage he is not pressing the relief clause in Para 8 (ii) of the O.A. relating to grant of all benefits from the date such benefits have been granted to his next junior including the Jr. Administrative Grade and Selection Grade. In so far as respondent No. 1 is concerned, learned Counsel Mr. Q.H. Rizvi was not present on a number of dates fixed for hearing such as on 1st July, 2003, 10th July, 2003, 15th July, 2003, 23rd July, 2003, 24th July, 2003, 25th July, 2003, 29th July, 2003 and 30th July, 2003. However, the counter reply filed on behalf of the respondent No. 1 has been taken into account while deciding this O.A.

(3.) IN pursuance of the charge sheet dated 15.10.92, the applicant initially did not give any representation within a period of 15 days as required in the memorandum of charge sheet dated 15.10.92 but subsequently he submitted a reply to the charge sheet dated 14th June, 1993 which was duly considered by the Disciplinary Authority before levying the punishment. IN pursuance of the charge sheet an INquiry Officer was appointed who submitted his report dated 7th October, 1997. IN the office of the CDO Basti, the selection was to be made of junior clerks. There were four vacancies of Junior Clerks against which 27 candidates appeared for interview/selection including the real brother of the applicant. The applicant chaired the Selection Committee as Chief Development Officer, Basti and selected four candidates as Jr. Clerks including his own real brother who was placed at Sl. No. 3 in the select list. Subsequently when the misconduct committed by the applicant came to light, the applicant's brother who was appointed as Jr. Clerk by the applicant resigned on 28.2.92.