RAMBIR SINGH BANSAL Vs. NORTH DELHI MUNICIPAL CORPORATION

JUDGEMENT

(1.) AS can be gathered from the pleadings made by the parties, the applicants were appointed as Assistant Engineer (Civil) in Municipal Corporation of Delhi (MCD) in the year 1990. In the year 1995, they completed required length of service to become eligible for promotion as an Executive Engineer. As is the practice in the MCD, applicant No. 1 was given ad hoc promotion as Executive Engineer (Civil) on 3.7.1998 and applicant No. 2 was so promoted in the year 2002. On 7.4.2006, services of both the applicants were terminated by the Commissioner, MCD. Subsequently, by an order dated 3.4.2007 passed by the Lt. Governor of Delhi (Appellate Authority), the penalty was converted into compulsory retirement. By way of a writ petition, the applicants questioned the aforementioned termination order before the Hon'ble High Court of Delhi, which was subsequently transferred to the Tribunal and disposed of in terms of the order dated 26.3.2009 with a direction to the MCD to reinstate the applicants therein in service. The MCD challenged the aforesaid order before the Hon'ble High Court by filing a writ petition. By an order dated 9.9.2010, the Hon'ble High Court could dispose of the writ petition upholding the directions given by this Tribunal for reinstatement of the applicants but with further direction that no back -wages would be admissible to the applicants from the period 7.4.2006 to 9.9.2010 and the period would be treated as deemed suspension. The MCD was at liberty to hold regular departmental inquiry against the applicants. In implementation of the order of the Hon'ble High Court, a regular departmental inquiry was conducted and both the applicants were exonerated from the charges leveled against them by the Competent Authority. The orders of exoneration dated 14.5.2012 and 29.5.2012 are placed by the applicants on record as Annexure A -2 (collectively) to the original application. For easy reference, the order passed in respect of applicant No. 1 is extracted hereinbelow: -

(2.) HE will be entitled for full pay and allowances to which he would have been entitle had he not been dismissed from Municipal Services subject to furnishing of "Non Employment Certificate" by Sh. R.B.S. Bansal, Executive Engineer (Civil).

(3.) WE have heard the learned Counsel for the applicants and learned Counsel for respondent Nos. 1 to 4. Nobody appeared for respondent No. 5, i.e., Union Public Service Commission, despite service.