Pradeep Nandrajog, J.

1. In the year 2001 Dr.Ved Prakash Kanoji and Dr.Jai Raj Singh Sagar were working on the posts of Deputy Health Officer and Resident Medical Superintendent respectively in the Municipal Corporation of Delhi.

2. In the same year i.e. 2001, irregularities were detected in the purchase of medicines and food items by the Health Department of MCD. A ‘P.E.’ was registered by CBI and upon investigation it was opined by CBI that it could not gather any evidence which could sustain a charge of conspiracy but since facts surfaced which prima facie justified a departmental action recommendation made by CBI was to proceed departmentally against Dr.Ved Prakash and Dr.Jai Raj; concurrence to which opinion was accorded by the Central Vigilance Commission.

3. Without finding out whether he i.e. the Commissioner of the Corporation was the Competent Authority of the two officers or whether it was the Corporation, the Commissioner MCD put up a proposal before the Corporation; which was obviously on the assumption that the disciplinary authority was the Corporation, to initiate departmental action against the two officers which proposal was rejected by the Corporation by a resolution passed on March 10, 2003. The matter was referred back to the Central Vigilance Commission which reiterated its opinion and once again the Commissioner MCD, making a reference to the advise rendered by the Central Vigilance Commission, referred the matter to the Corporation to initiate disciplinary action against the two officers and once again vide Resolution dated December 02, 2004 the Corporation rejected the proposal.

4. Upon the assumption that the Corporation was the Competent Authority and thus the Lt.Governor, Delhi would be the Revisional/Reviewing Authority, the Commissioner placed the matter before the Lt.Governor, Delhi who, vide order dated December 12, 2004 advised the Corporation to initiate departmental action against the two officers. Based thereon the Commissioner placed the matter once again before the Corporation which resolved on February 21, 2005 not to initiate any departmental action; and once again the Commissioner placed the matter before the Lt.Governor, Delhi who, this time ordered that a departmental action be initiated against the two officers resulting in the Commissioner once again placing the matter before the Corporation. As before, vide Resolution dated October 24, 2005, for the fourth time, the Corporation reiterated not to initiate any action against the two officers.

5. On June 21, 2006 the Commissioner MCD once again put up the matter before the Corporation for initiating departmental proceedings against Dr.Ved Prakash and Dr.Jairaj, and while doing so he pointed out in the proposal as under:-

“CVC in agreement with the CBI recommendations also advised for initiation of major penalty proceedings against them vide OM No.99-MCD-17 dated 27.3.2001.

The allegations pointed out by the CBI against the aforementioned officers are inter alia that medicines far in excess of the total allocated budget were purchased without requirement. Bulk of the purchased medicines was made from a particular firm i.e. M/s Aimil Pharmaceuticals. Milk, vegetables and fruits for patients were purchased by Chowkidars of the hospital and bills were submitted in fictitious names etc.

Accordingly, the charge sheets in respect of Shri Jai Prakash Sharma, Store Keeper, Shri V.K. Sachdeva, UDC and Shri Surinder Singh, UDC have since been issued under the orders of Addl.Commissioner (Health), the Disciplinary Authority. These three officials were placed under suspension vide office order No.1/131/2002/CPC/DA-II/2002/S-404, 405 & 406 dated 21.2.2002. Under the orders of Addl.Commissioner (Health), all these three officials were reinstated w.e.f. 16.12.2002.

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In view of the above, the matter is resubmitted to the Corporation enrouted through Appointments, Promotions, Disciplinary & Allied Matters Committee, for according