Regularization of service of a Part-Time Sweeper/Peon

08 August 2019 – Central Administrative Tribunal (C.A.T.), Principal Bench, New Delhi – C.A.T. directed the Ministry of Law & Justice, Government of India, to regularize the service of a Part-Time Sweeper/Peon retrospectively w.e.f. the year 2010.

In the year 1991, Smt. Sunheri Devi was appointed as a part-time Sweeper by the Ministry of Law & Justice, Government of India. Despite working continuously for more than 2 decades, her services were not regularized. Being aggrieved by non-regularization of her service, Smt. Sunheri Devi filed an Original Application (O. A. No. 2563/2014) before the Central Administrative Tribunal (C.A.T.), Principal Bench, New Delhi, thereby seeking regularization of her service.

Anuj Aggarwal, Advocate, counsel of Smt. Sunheri Devi, submitted that Smt. Sunheri Devi was working on full time basis but was illegally designated as “part-time”. She was doing the identical work and was discharging the identical duties which were performed by her counterparts who were, however, treated as regular/permanent employees. It was also submitted that in the year 2010, her juniors were regularized whereas she was not even considered for regularization by the Ministry of Law & Justice, Government of India. It was further submitted that the respondent, being a Government Department, should have acted as a model employer and ought not to have indulged in the exploitative practice. In support of his contention, the counsel for the applicant relied upon the law declared by the Hon’ble Supreme Court in the cases of Narendra Kumar Tiwari and Others Vs. State of Jharkhand and Others [(2018) 8 SCC 238)] and Sheo Narain Nagar and Others Vs. State of Uttar Pradesh and Another [(2018) 13 SCC 432].

Hon’ble Mr. S. N.Terdal, Member (J) & Hon’ble Mr. Pradeep Kumar, Member (A), Central Administrative Tribunal (C.A.T.), Principal Bench, New Delhi, vide Order dated 08 August 2019, appreciating the submissions made by the counsel for the applicant, directed the Ministry of Law & Justice, Government of India, to regularize the service of the applicant with effect from the date on which her junior (Shri Gajender) was regularized with all the consequential benefits.

Anuj aggarwal

Advocate

483, Block-2, Lawyers Chamber,

Delhi High Court, New Delhi – 110003

Mob – 9891403206

anujaggarwal1984@gmail.com

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10 Years delay in issuing the charge sheet, 8 years in concluding the departmental enquiry and 22 years in getting the justice – A Meter Reader finally gets exonerated of alleged charges by Delhi High Court

13^th August 2019 – Delhi High Court

In the year 1990, Shri. D.P. Sharma, Meter Reader, was issued charge sheet by Delhi Electric Supply Undertaking (DESU). It was alleged in the charge sheet that Shri. D.P. Sharma, with ulterior motive and to favour the consumers, did not issue Statement No. III and Statement No. II i.e. did not inform his senior that premises of one of the customer was locked and electric meter of another customer was not functional. The alleged incidents pertained to the year 1980-1982.

The departmental enquiry, pursuant to the charge sheet, was concluded in the year 1998 and vide Order dated 11.02.1999, penalty of “reduction by 2 stages in time scale for a period of 2 years with cumulative effect” was imposed upon Shri. D.P. Sharma by the Appellate Authority. It may be noted that enquiry officer had exonerated Shri. D.P. Sharma but, however, the disciplinary authority disagreed with the findings of the enquiry officer and imposed the aforesaid penalty. Being aggrieved by the aforesaid penalty order, Shri. D.P. Sharma challenged the same before the Hon’ble Delhi High Court.

Anuj Aggarwal and Tenzing Thinlay Lepcha, Advocates, counsels for Shri. D.P. Sharma, argued that inordinate and unexplained delay in initiating as well as concluding the enquiry, vitiates the departmental enquiry. It was also argued that since enquiry officer had exonerated Shri. D.P. Sharma, there was no occasion for the disciplinary authority, as well as appellate authority, to disagree with the findings of the enquiry officer. It was also submitted that it was a case of no evidence and DESU (now BSES Rajdhani Power Ltd.) has failed to prove misconduct against Shri D.P. Sharma.

Hon'ble Mr. Justice Suresh Kumar Kait, Delhi High Court, vide Judgment/Order dated 13.08.2019, considering the submissions made on behalf of Shri. D.P. Sharma, quashed the impugned penalty order and show cause notices which were issued to Shri. D.P. Sharma.

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