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2022 Supreme(Del) 996

YASHWANT VARMA
N. D. Tyagi – Appellant
Versus
Power Finance Corporation Limited – Respondent


Advocates appeared:
Mr. Ravi Gupta, Sr. Advocate with, Mr. Ankur Chhibber, Mr. Nikunj Arora, Mr. Sachin Jain and Mr. Himansh Yadav, Advocates, for the Appellant; Mr. Chetan Sharma, ASG and Mr. A.S. Chandhiok, Sr. Advocate with, Mr. R.K.Joshi, Mr. Ojusya Joshi, Mr. R.V. Prabhat, Mr. Taranjeet Singh Sawhney, Mr. Vinay Yadav, Mr. Amit Gupta, Mr. Rishav Dubey and Mr. Sahaj Garg, Advocates, for the Respondent.

JUDGMENT

1. This writ petition has been preferred assailing a chargesheet dated 09 March 2015. In terms of the aforesaid chargesheet, the petitioner who was an Executive Director under the respondents was proposed to be proceeded against in disciplinary proceedings in accordance with the provisions made in Rules 28 and 30 of the Power Finance Corporation Limited (Conduct Discipline and Appeal) Rules [1]. In the alternative, the petitioner has prayed for quashing of the orders dated 22 and 31 July 2015. The petitioner had questioned the authority of the Enquiry Officer to proceed further in the matter in light of a perceived bias and an asserted failure to conduct the enquiry in a fair and impartial manner. The Enquiry Officer who was appointed at the relevant time was one Mr. Geeta Ram. The petitioner had alleged that the manner in which the proceedings had been conducted by Mr. Geeta Ram clearly gave rise to an apprehension of bias and accordingly moved the respondents to change the Enquiry Officer. The aforesaid prayer as addressed has been rejected and turned down by the orders of 22 and 31 July 2015. By the time this petition was taken up for hearing, undisputedly Geeta Ram had

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