Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 780

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Jai Raj Solanki - Petitioner
Versus
The Union of India & Ors. - Respondents
W.P.(C) No. 5803 of 2013 and CM Nos. 12791 of 2013 and 47119 of 2019
Decided On : 24-11-2022

Advocates Appeared:
For the Petitioner: Mr. Vishal Raj Sehijpal & Mr. Shoeb Shakeel.
For the Respondent: Ms. Archana Gaur & Ms. Ridhima Gaur, Mr. Chetan Sharma, ASG along with Mr. Sangram Patnaik, Ms. Swayam Sidha, Mr. Rishav Dubey, Mr. Sahaj Garg and Mr. Aditya Parmar.

Point of Law: Petitioner had acted against interest of respondent organization and had failed to maintain integrity and devotion and misconducted himself.

Headnote:
Constitution of India, 1950 - Article 226 - Pendency of disciplinary proceedings - Second Appellate - Power of High court to issue certain writs - Petitioner, vide present petition seeks setting aside of order of Appellate Authority of Indian Renewable Energy Development Agency Ltd.
Finding of the Court :
On a consideration of submissions that have been made on behalf of either side and record and a perusal of inquiry proceedings it does not appear that there has been any violation of principles of natural justice in disciplinary proceedings qua petitioner during course of inquiry - Petitioner was not on sanctioned leave from period that he seeks to contend is brought forth through counter affidavit of respondent nos. 2 and 3 where they have categorically stated to the effect that sanctioned leave of petitioner was as per Annexure R-16 annexed to counter affidavit of respondent Nos. 2 and 3.
Results : Petition is dismissed.

JUDGMENT :

Anu Malhotra, J.

1. The petitioner, Jairaj Solanki, vide the present petition seeks the setting aside of the order dated 16.07.2013 of the Appellate Authority of the Indian Renewable Energy Development Agency Ltd. (herein after referred to as IREDA) which affirmed the order dated 22.03.2013 No. 233/3/89-MS/IREDA of the Disciplinary Authority of the IREDA whereby the petitioner herein, a Driver-cum-Attendant (Grade-III), Employee No. 0212, IREDA, having been chargesheeted for six Articles of Charge under Rule 25 of the IREDA Conduct, Discipline and Appeal (CDA) Rules vide Memorandum No. 233/3/89-MS-/IREDA dated 24.8.2011 modified vide Memorandum dated 20/31.10.2011 vide which he was found guilty of the Articles of Charge with which he was charged and an inquiry was conducted and vide order dated 22.3.2013 of the Disciplinary Authority the major penalty of removal from service imposed with immediate effect qua the petitioner was upheld.

2. The charges framed against the petitioner were to the effect :

“Charge-I: Shri Jairaj Solanki did not park the official staff car at the allotted parking slot, did not deposit the keys and made false &incorrect entries in the log book.

Charge-II: Sliri Jairaj Solanki himself has admitted in his reply dated 13.9.2011 to the charge memo that he had parked the official staff car at CVO's residence. This was. without any permission of the Competent Authority.

Charge-III: The log book was not maintained properly as it does not show actual places visited, time of visit, actual mileage to these visited places and also does not contain the signature of the official who actually used the staff car.

Charge-IV : Shri Jairaj Solanki has admitted that he had put the white fluid in the log book. This was to cover up his misconduct.

Charge-V: Shri Jairaj Solanki misappropriated petrol by obtaining unnecessary petrol on 29.6.2011, 1.7.2011 and 12.7.2011.

Charge-VI: Shri Jairaj had excessively written the distance for route : Noida-Office-Noida- Office on different dates and once to the extent of 69 kms on 23.3.2011.”

3. The Disciplinary Authority on conducting the enquiry held to the effect :

“WHEREAS, I being the Disciplinary Authority, after going through the entire record, inquiry report dated 5.9.2012, comments of Shri Jairaj Solanki, Charged Official on Inquiry Officer's report, deposition of witnesses and other evidence on record, I find that Shri Jairaj Solanki has committed misconducts which are of serious nature and have been proved as per the report of Inquiry Officer, with which' I agree fully. I find that Shri Jairaj Solanki did not park the official staff car at the allotted parking place, did not deposit the said staff car key to the Security and made false & incorrect entries in the log book (Article-I), parked the staff car at former CVO's residence without any written orders of the Competent Authority of HR Deptt., IREDA (Article II), failed to maintain log book properly as Shri Jairaj Solanki did not record the actual places visited, time of visit, actual mileage to the these places and also did not obtain the signatures of the official who actually used the staff car as provided in the relevant columns of the log book (Article-III), tampered with the log book by applying white fluid to cover up his misconduct (Article-IV), obtained unnecessary petrol on 29.6.2011, 1.7.2011 & 12.7.2011 which was misappropriated (Article-V) and excessively wrote distance for route : Noida-Office-Noida Office (Article-VI), as detailed in the report of the Inquiry Officer. All the 6 Articles of Charges which are proved shows that Shri Jairaj Solanki failed to maintain absolute integrity, devotion to duty, and acted in a manner which is unbecoming of a public servant and prejudicial to the interest of the Company.

NOW THEREFORE, I being the Disciplinary Authority find that Shri Jairaj Solanki is not a fit person to remain in the service of the company and accordingly I impose the major penalty of removal from ser