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2007 Supreme(Del) 1391
High Court Of Delhi
Manmohan Sarin,Vipin Sanghi
K. B. KUMAR - Appellant
Versus
UNION OF INDIA - Respondents
WP (C) 4550 Of 1998
Decided On : 07/13/2007
POONAM SINGH, REKHA PALLI
Headnote:
connivance - Service Dismissal - CCS (Conduct) Rules, 1964 - Article 1, Article 2, Rule 3(1)(i) and (iii), Rule 1(1)(i) and (ii) - The court discussed the charges against the petitioner, the findings of the inquiry officer, and the disciplinary authority's decision. It highlighted the lack of evidence of connivance, violation of natural justice, and discrimination in treatment. The court found the punishment of dismissal to be grossly disproportionate and ordered the modification of the order to compulsory retirement with post-retiral benefits.
Fact of the Case:
The petitioner was dismissed from service for failure to exercise proper technical check on the issue of cement, resulting in falsification of documents and misappropriation. The petitioner challenged the dismissal, alleging lack of evidence, violation of natural justice, and discrimination in treatment.
Finding of the Court:
The court found the dismissal to be grossly disproportionate and ordered the modification of the order to compulsory retirement with post-retiral benefits.
Issues: The issues included lack of evidence of connivance, violation of natural justice, and discrimination in treatment.
Ratio Decidendi: The court held that the punishment imposed was grossly disproportionate and ordered the modification of the order to compulsory retirement with post-retiral benefits.
Final Decision: The petition stands allowed, and the order of dismissal is modified to compulsory retirement with post-retiral benefits.
( 1 ) PETITIONER by the present petition assails the judgment dated 1. 10. 1997, passed by the Central Administrative Tribunal, Principal Bench, New delhi dismissing O. A. No. 679/92. The Tribunal held that there was no ground to interfere with the order dated 21. 3. 1991, dismissing petitioner from service.
( 2 ) FACTS leading to the filing of the present petition may be noted:
(i)Petitioner joined Military Engineering Services (M. E. S.) on 15th January 1962. He received promotions in due course. Petitioner was last serving as surveyors Assistant Grade I in the office of Garrison Engineer (Project) No. 3, delhi Cantt, when the penalty of dismissal from service was imposed, vide ministry of Defence Order Dated 21. 3. 1991. Earlier, simultaneous proceedings were initiated against seven officers including Petitioner. Dr. P. K. Bandopadhyay was appointed as the Inquiry Officer, who submitted his report on 31. 8. 1990 in respect of petitioner and others.
(ii)The charge against the seven officers stemmed out of the execution of the contract for ?provision of external water supply and sewage disposal at Hissar cantt. ? The allegation against the petitioner is failure to do proper technical check on the issue of cement to contractor resulting in falsification of contractual documents and misappropriation of cement. The two articles of charge framed against the petitioner were:- ?article 1: That the said MES-223016 Shri K. B. Kumar while functioning as SA I in the office of GE (P) Hissar from August 80 onwards was responsible for proper technical check of RARs/final Bills of CA No. CWE/pm-36/81-82-Provn of water supply and sewage disposal at Hissar. That the said Shri K. B. Kumar has technically checked 17th RAR and Final Bill of the above CA in which 300 bags of cement were issued under schedule ?b? as per USR No. E-485543 dated 17th february 83 and had been recovered from the contractor on the 16th RAR dated 23rd February 84 but the figure of 300 bags of cement was amended to 1300 bags of cement with relevant figures of amount of Rs. 4,563. 00 to Rs. 19,973. 00 and its recurring total from Rs. 2,04,771. 15 to Rs. 2,19,9754. 00 in the schedule B recovery statement of the above CA thus giving back dated effect of issue of 1000 bags of cement to the contractor. The said Shri K. B. Kumar also failed to exercise proper technical check to the cement store calculation register which has resulted in falsification of contractual documents and mis-appropriation of 1000 bags of cement. Thus the said Shri K. B. Kumar failed to maintain absolute integrity and devotion to duty thereby violating the provisions of rule 3 (1) (i) and (iii) of CCS (Conduct) Rules, 1964. Article 2: That the said MES 223016 Shri K. B. Kumar while functioning as SA I in the office of GE (P) Hissar from August 80 onwards was responsible for proper technical check of RARs/ Final Bills of CA No. CWE/pm-36/81-82-Provn of water supply and sewage disposal at Hissar. That Shri K. B Kumar has technically checked RAR (16th RAR) and final RAR (17th RAR) of the above CA and allowed the payment of Rs. 1,53,418. 15 after completion of Phase II on 21st March 1983 which work was neither catered for in the contract agreement nor in the admn. approval/technical sanction. Thus the said Shri K. B. Kumar has failed to exercise proper technical check thereby resulting in irregular payment of Rs. 1,53,418. 15 and has not maintained absolute integrity and devotion to duty which act on his part tantamount to violation of the provisions of Rule 1 (1) (i) and (ii) of CCS (Conduct) Rules, 1964?.
(iii)The inquiry officer in his report dated 31. 8. 90 found that the 1st charge against petitioner was proved partly. Relevant extract from para 6. 84 of the inquiry report is reproduced for facility of reference ?there is no clinching proof to categorically conclude about the misappropriation of 1000 bags of cement by the CO, interpolation in the documents has been proved. It is qu
