Back
IN THE HIGH COURT OF DELHI
Vipin Sanghi, Rajnish Bhatnagar, JJ.
R.K. Naidu - Appellant
Versus
Union of India - Respondent
W.P.(C) 6049 of 2019
Decided On : 28-05-2019
JUDGMENT
Vipin Sanghi, J.(Oral)
CM APPL.26103/2019
Exemption allowed, subject to all just exceptions. The application stands disposed of.
1. The petitioner assails the order dated 24.04.2019 passed by Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 1275/2019. The Tribunal has rejected the said Original Application wherein the petitioner had assailed the charge memorandum dated 01.02.2019 issued to him, in respect whereof, the respondents have initiated the enquiry under Rule 14 of the CCS (CCA) Rules. There are ten articles of charge levelled against the petitioner. The Articles of charge reads as follow:
"ARTICLE - I
That Shri R.K. Naidu while performing his official duties as Regional Director, Netaji Subhas Western Centre, Gandhinagar during the year 2015-16 has awarded the contract for providing mess services at SAI, Regional Centre, Gandhinagar and STC, Vidyanagar, Jaipur to M/s Om Catering, Bhopal without following the provision of General Financial Rules 2005 like no proper publicity of tender was done, license fee was not properly spelled out in financial bid, tender for Regional Centre, Gandhinagar was not approved by Regional Director but it was included in the agreement signed etc. many irregularities were made.
Thus by awarding the tender to M/s Om Catering Bhopal in contravention of the provision as stipulated in the General Financial Rules-2005, the said Shri R.K. Naidu, Regional Director, SAI has failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of an officer of Sports Authority of India thereby contravening Rule 3(1), (i), (ii), (iii) and (xxi) of CCS (Conduct) Rules, 1964 read with Rule 39 of SAI service Bye Laws and Conditions of Service Regulations, 1992.
ARTICLE - II
That Shri R.K. Naidu, Regional Director, SAI while performing his official duties as Regional Director, Netaji Subhas Western Centre, Gandhinagar hired a vehicle for Regional Director for the year 2016 in a non transparent, non competitive and unfair manner. Thus by hiring the vehicle in contravention of the provision as GFR 145 to 150, 158 and 178 to 181 stipulated in the GFR 2005, the said Shri R.K. Naidu, Regional Director, SAI has failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of an officer of Sports Authority of India thereby contravening Rule 3(1), (i), (ii), (iii) and xxi of CCS (Conduct) Rules, 1964 read with Rule 39 of SAI service Bye Laws and conditions of Service Regulations, 1992.
ARTICLE - III
That Shri R.K. Naidu, Regional Director, SAI while performing his duties as Director, I/C, Netaji Subhas Western Centre, Gandhinagar has converted the guest house building in to his residence without the approval of Competent Authority and also directed not to allot any room/accommodation to any guest/official.
Thus by not allowing any guests in the guest house, the same remained unutilized for the purpose it was made. Thus Shri R.K. Naidu, Regional Director, SAI has failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of an officer of Sports Authority of India thereby contravening Rule 3(1), (i), (ii), (iii) and (xxi) of CCS (Conduct) Rules, 1964 read with Rule 39 of SAI service Bye Laws and conditions of Service Regulations, 1992.
ARTICLE - IV
That Shri R.K. Naidu, Regional Director, SAI while performing his official duties as Regional Director, I/C, Netaji Subhas Western Centre, Gandhinagar during the year 2015-16 had incurred unfruitful expenditure on payment of Pay & allowances to watchmen due to non utilization of their services for making security arrangement at STC, Jodhpur, and Jaipur. There has also been several lapses in award of security contract in the STCs Jodhpur & Jaipur like no wide publicity given to the tender, the tendering process was initiated without proper estimate request from concerned STC in Charge. In STC Jaipur proper departmental security staff was available
