Devendra Kumar Gupta vs Union Of India & Ors.
2019 Latest Caselaw 3641 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Date of decision : 06th August, 2019

+      LPA 166/2019

DEVENDRA KUMAR GUPTA                                ..... Appellant
                Through:               Appellant in person

                         versus



UNION OF INDIA & ORS.                     ..... Respondents
                   Through: Mr. Girish Pandey for
                   Mr. Ravinder Agarwal, Adv. for R-2


       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR
                          ORDER

% 06.08.2019

D.N. PATEL, CHIEF JUSTICE (ORAL)

1. This Letters Patent Appeal has been preferred by the appellant who is original petitioner in W.P.(C) 7701/2016 which was disposed of by the learned Single Judge vide order dated 7th February, 2019.

2. Having heard the appellant in person and looking to the facts and circumstances of the case, it appears that the main grievance ventilated by this appellant in person (original petitioner) that while working as a Chief Engineer in the Department of Posts with the

respondent he had rejected one invalid tender in June, 2007. Thereafter respondent had issued a chargesheet against the appellant and after inquiry being conducted by the respondent, the appellant was exonerated of all charges framed against him.

3. Now the appellant submits that there were material alterations and tempering of the documents by Respondent No.4 in the investigation report submitted by the Vigilance Division which is annexed at Annexure P-2 to the memo of this appeal and therefore, a fresh investigations should be conducted to expose the nexus between the respondents.

4. We have also heard Counsel for the Respondent No. 2 and looking to the facts and circumstances of the case, it appears that tempering of the investigation report involves a lot of factual aspects of the matter. Even otherwise, the learned Single Judge has observed in the order dated 7th February, 2019 in W.P.(C) 7701/2016 that it has been explained in detail by the Respondent No. 2 that there was no tempering of the documents at all.

5. We have perused the impugned order passed by the learned Single Judge. We are satisfied with the reasons given by the learned Single Judge and we found no error committed by the learned Single Judge while deciding W.P.(C) 7701/2016 vide order dated 7th February, 2019.

6. Hence, there is no substance in this appeal and the same is therefore dismissed.

                                            CHIEF JUSTICE



AUGUST 06, 2019/kr                        C. HARI SHANKAR, J.