Union Of India vs Shri Yogesh Kumar
2008 Latest Caselaw 1567 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI


+                            WP(C) No.6139/2008


                                  Reserved on: 25th August, 2008
%                              Date of Decision: 5th September, 2008


Union of India
Through
The Secretary
Ministry of Human Resources Development
Sashri Bhawan
New Delhi - 110 001                      ...Petitioner
                    Through: Mr. H.K. Gangwani, Advocate

                    Versus

Shri Yogesh Kumar
UDC in Department of School Educational
And Literacy
R/o J-44, 3rd Floor
Laxmi Nagar
Delhi - 110 092                                     ...Respondent
                    Through: None.


CORAM :-

THE HON'BLE MR.JUSTICE MADAN B. LOKUR
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.       Whether Reporters of Local papers may
         be allowed to see the Judgment?

2.       To be referred to the Reporter or not?

3.       Whether the judgment should be
         reported in the Digest?




WP(C)No.6139/2008                                      Page 1 of 4
 J.R. MIDHA, J.

The Petitioner has assailed the order dated 10th April,

2008 passed by the learned Central Administrative Tribunal

whereby a minor penalty of withholding of promotion for two

years inflicted on the Respondent was quashed on the ground

of violation of principles of natural justice.

The Respondent was working as UDC in the Department

of School Education and Literacy. A charge sheet dated 18th

January, 2006 was issued to the Respondent on the

allegation that the Respondent along with his three

colleagues went to the servant quarters of a MP flat in Feroz

Shah Road where they had a drinking party and after the

drinks, an argument broke out which took an ugly turn and

the Respondent and his colleagues gave a beating to their

colleague, Mr.B.L. Meena, who reported the matter to the

Department as well as to the police. After the inquiry, by

order dated 29th November, 2006, minor penalty of

withholding promotion of the Respondent for a period of two

years was imposed.

The Disciplinary Authority recorded in its order that by

visiting the house of Yogesh Chowdhary and by indulging in

drinking party at the residence of Yogesh Chowdhary and by

accepting the hospitality of a person with whom he had

official dealings, the Respondent violated the relevant rules.

The charge of having official dealings with Mr. Yogesh

Chowdhary and accepting the hospitality from him with

whom the Respondent had official dealings was not part of

the Memorandum dated 18th January, 2006. As such, the

Respondent had no opportunity to show cause in respect of

the said charge. The aforesaid finding of the Disciplinary

Authority is extraneous to the charge sheet issued to the

Respondent and, therefore, there is clear violation of the

principles of natural justice. An extraneous matter which is

not put to the delinquent officer cannot form the basis of

penalty imposed on him.

We agree with the findings of the learned Tribunal that

there is violation of principles of natural justice inasmuch as

the Disciplinary Authority has based its finding on an

extraneous matter, which was not put to the Respondent in

the Memorandum.

The present case does not call for interference in

exercise of writ jurisdiction. The writ petition is accordingly

dismissed.

(J.R. MIDHA) JUDGE

(MADAN B. LOKUR) JUDGE September 5, 2008 s.pal