13th 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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