(1) IN this appeal the appellant MCD is between the devil and the deep sea. This situation is of its own creation. respondent 1 at the relevant time was working as Non-Technical Staff (for short NTS) on muster-roll as daily- wager. He was appointed on 1/6/1978. At that time he was working under Delhi Development Authority (DDA) whose successor-in-interest is the present appellant, MCD. In the year 1981 he was alleged to have committed misconduct of persuading fellow workman Shri Mahender Kumar to interpolate the name of respondent 1 along with Mahender Kumars name in the list of recommended employees for regularisation in service. It appears that the appellants conducted a preliminary enquiry into this alleged misconduct of respondent 1 and Mahender Kumar and thereafter in the light of the proceedings in the preliminary enquiry and presumably relying upon the statements recorded therein a discharge order was passed against Respondent I, which requires to be noted in extenso.

"OFFICE OF THE SPECIAL ENGINEER (SLUMS) DELHI DEVELOPMENT AUTHORITY No. D/608/SE(S)/11/89 Dated 29/7/1981 Shri Parveen Kumar Jain, N.T.S., is hereby informed that his services are not required in th