Departmental proceedings against an employee must relate to their official duties and be substantiated with clear evidence; otherwise, dismissal may be set aside.

ORDER (ORAL)

Hon’ble Mrs. Pratima K. Gupta, Member (J):-

The applicant while working as Safai Karamchari with the respondents was served with a Charge Sheet on 08.09.2017, along with the article of charges and the list of witnesses. An Inquiry Officer was appointed, who submitted his report on 20.12.2018. The applicant was extended an opportunity to file his reply to the same. However, he did not do so. Accordingly, the Disciplinary Authority by relying upon the report of the Inquiry Officer inflicted the applicant with a penalty of dismissal vide order dated 24.06.2019 which has been confirmed by the Appellate Authority vide its order dated 04.08.2020. Aggrieved by the same, the applicant has filed the present O.A. seeking the following relief(s):-

“i) Call for the relevant file(s)/record(s) of the Respondents and peruse the same;

ii) Quash and Set aside the illegal, irregular and perverse impugned penalty orders passed by the Secretary/Disciplinary Authority. NDMC, issued vide no. 75/PB/F. No. 76/Vig./Imp./IOV-II(S)/19 dated 24.06.2019, thereby imposing upon the Applicant a major penalty of "dismissal from municipal services which shall ordinarily be disqualification for future employment under the Government", to render justice to him {(ANNEXURE A1 (COLLY) (Impugned) pages 49-51 of OA).;

iii) Quash and set aside the illegal, irregular and perverse impugned Charge Memo. No. 30/F.No. 76/CH/Vig./Imp./IOV-II (S)/2017 dated 08.09.2017 issued to Applicant by the Hon’ble Disciplinary Authority/Secretary, NDMC ((ANNEXURE A2 (COLLY) (Impugned) pages 52 to 85 of OA), which is not maintainable as per law being in grave violation of the terms and conditions of Settlement Deed dated 9/01/2013 entered into by the Applicant with his wife Smt. Pushpa/Complainant as referred to and brought out in the judgment of the Hon’ble Reena Singh Nag, Judge Family Court, where the wife/complainant has undertaken to withdraw all the cases as well as complaints against Applicant but inspite of this complaint of Applicant dated 17/05/2012 formed the basis of the impugned Charge Memo. (pages 36 to 55 of Appeal).

iv) Quash and set aside the illegal, irregular and perverse impugned ex parte Inquiry Report dated 20.12.18 submitted by Inquiry Officer of the inquiry proceedings conducted in grave violations of the prescribed procedure and requirements of law of natural justice {(ANNEXURE A3 (COLLY) (Impugned) pages 86 to 90A of OA).

v) Quash and set aside the illegal, arbitrary, impugned non-speaking, unreasonable and unjustified Appellate Orders of Hon’ble Chairperson/Appellate Authority, NDMC as conveyed vides Jt. Director (Vigilance) vide his letter No. 1256/Vig./Imp./F.No.76/IOV- II(S)/2020 dated 04/08/2020 {(ANNEXURE A4 (Impugned) page 91 of OA).

vi) Consequently pass orders in favour of the Applicant that his absence period of w.e.f. 01.06.2018 to 23.06.2019 on medical grounds be treated as Commuted Medical Leave to the extend as due to the Applicant and if the same is not due, the remaining absence period of Applicant till 23.06.2019 be treated as leave of kind due.

vii) Consequently further pass Orders to treat the period of dismissal of the Applicant from service from 24/06/2019 till the date of taking him on duty as duty for all intends and purposes.

viii) Cost of litigation be awarded in favour of the Applicant.

ix) Any other relief which your kind self may deem fit and proper in the facts and circumstances of the case under the provisions of the natural justice.”

2. Learned counsel for the applicant raises the following grounds in support of the applicant:-

1) That as many as two articles of charges (page 73) have been framed ag