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 Corporatio