Shri Mahender Singh vs Municipal Corporation Of Delhi
1999 Latest Caselaw 1088 Del

JUDGMENT

A.K. Sikri, J.

1. In this writ petition, petitioner challenges the action of the respondents in issuance of charge-sheet dated 28.9.1995 which was issued more than 11 years of the alleged irregularities committed by the petitioner and more than 9 years of the submission of the comments of the audit report by the petitioner. Today, the matter was fixed for filing arguments. However, nobody appears on behalf of the respondents even when the matter was passed over for more than four times.

2. Respondents have filed counter affidavit. Curiously enough not a single averment made by the petitioner in the writ petition has been dealt with in the counter affidavit. Counter affidavit deals with the case of the promotion of the petitioner to the higher post and keeping the same in sealed cover in view of the departmental proceedings pending. There is another case filed by the petitioner being CWP No. 2865/ 98 and it appears, without application of mind, that counter affidavit in that case is reproduced in this case also. Although the subject matter of the two cases is totally different. Since no explanation is given by the respondents in initiating enquiry after a lapse of 11 years, this petition warrants to be allowed. Orders to this effect has been passed by this Court in the case of Shri P.K. Bharija v. MCD and Anr., (CW 4432/ 95 decided on November 21, 1997) and by Apex Court in the case of DDA v. Ashok Kumar, (SLP(C) 24710/95 decided on 25.3.1998 and DDA v. K.K. Upretti, (SLP (C) 1100/97 decided on 29.1.1997).

Accordingly, the writ petition is allowed. Rule is made absolute. The impugned charge-sheet dated 28.9.1995 is hereby quashed. There shall be no order as to costs.