( 1 ) PETITIONER prays that the memorandum dated 14. 2. 1989 under cover of which a charge sheet stands issued to the petitioner be quashed and the respondents be prohibited from continuing with the departmental proceedings/enquiry against him.

( 2 ) THREE charges have been alleged against the petitioner as per the charge sheet. The same are as under:-

STATEMENT OF CHARGES FRAMED AGAINST sh. N. B. CHAUHAN, U. D. C. , SLUM WING,dda. CHARGE NO. 1 shri N. B. Chauhan, U. D. C while working in the then Central Zone (Sandjj) had remained absent from duty, unauthorisedly, from 14. 3. 1985 to 31. 1. 21986, without prior sanction of leave and without submitting proper leave applications, in time, with medical certificates, in all cases, where required. CHARGE NO. 2. Shri N. B. Chauhan further remained absent from 1. 1. 1987 to 4. 2. 1988, unauthorisedly and without any leave application or intimation having been received from him. CHARGE NO. 3. While Shri N. B. Chauhan had remained absent unauthorisedly since 14. 3. 85, he had retained with him without any authority, two G-8 books containing receipts no. 270701 to 270800 and receipts No. 38501 to 38600 against which he had also collected Rs. 34,238. 65 and this amount still remains unaccounted by Sh. Chauhan in the Departments accounts. By the aforesaid acts and omissions, Sh. N. B. Chauhan failed to maintain absolute integrity and devotion to duty and acted in a manner un-becoming of a public servant and thereby contravened Rule 3 (1) of the C. C. S. (Conduct ) Rule, 1964, as made applicable to employees of D. D. A. , Slum Wing. "

( 3 ) WRIT petition which was filed on 10. 10. 2000 predicates the relief on the pleas that a perusal of charge no. 1 would reveal that it relates to the alleged unauthorised absence from 14. 3. 1985 to 31. 12. 1986. The second charge relates to the alleged unauthorised absence from 1. 1. 1987 to 4. 2. 1988 and the third charge relate to the unauthorised retention of 2, G-8 books containing receipts against which petitioner had collected Rs. 34,238. 65, which amount remains unaccounted. Petitioner alleges that the first 2 charges relate purely to a misconduct relatable to lack of devotion to duty, if proved. The third charge relates to, if proved, failure to maintain devotion to duty as well as failure to maintain absolute integrity. There is no criminality in the first 2 charges and it is only the third charge to which, criminality would be attached, if established.

( 4 ) AS per the undisputed facts pleaded in the petition and not denied in the counter affidavit, Sh. S. Jayasankar was appointed as the Enquiry Officer on 19. 5. 1989. Said officer could not proceed ahead with the enquiry as Sh. I. D. Shukla, the Presenting Officer appointed on 19. 5. 1989 did not appear at the enquiry. On 3. 2. 1993, the Presenting Officer was changed. Sh. H. C. Gupta was appointed as the Presenting Officer. Order dated 3. 2. 1993 reads as under:-

"1. Whereas an enquiry into the charges levelled against Shri N. B. Chauhan, UDC, in charge-sheet No. VG/1201/203/86/2317 dated 14. 2. 89 is being held. 2. And Whereas Shri I. D. Shukla, Prosecutor, who was earlier appointed as Presenting Officer vide order No. VG/1201/203/86/2521 dated 19. 5. 89 could not present the case due to his pre-occupation with other pressing work. 3. Now, Therefore, the undersigned in exercise of the powers conferred by sub-regulation (5) of the Regulation 8 of D. M. C. Services (Control and Appeal) Regulations, 1959, hereby appoints Shri H. C. Gupta, Assistant Director as the Presenting Officer to present the case in support of the charges framed against the said Shri N. B. Chauhan, UDC. "

( 5 ) SIMILARLY, by another order dated 3. 2. 1993, the previous Enquiry Officer, Sh. S. Jayasankar was replaced by Sh. Giri Raj Singh as the Enquiry Officer. Said order dated 3. 2. 1993 reads as under:-

"1. Whereas an inquiry into the charges levelled against Shri N. B. Chauhan, UDC, vide charge sheet