Central Administrative Tribunal Principal Bench, New Delhi O.A. No.1764/2016 Orders reserved on : 21.11.2025 Orders pronounced on : 5.12.2025 Hon’ble Mr. R.N. Singh, Member (J)

Hon’ble Mr. Rajinder Kashyap, Member (A)

Sh. Gora Sarkar, ( Asstt. Section Officer)

Aged around 55 years, S/o Sh. N C Gora, R/oPocket-40, H.No.20, C R Park, New Delhi 110019.

...Applicant (By Advocate: Shri Suresh Sharma)

VERSUS

1. The Delhi Development Authority, Through its Vice Chairman, Vikas Sadan, INA, New Delhi 2. The Finance Member, Delhi Development Authority, Vikas Sadan, INA, New Delhi

3. The Commissioner (P), Delhi Development Authority, Vikas Sadan, INA, New Delhi ...Respondents (By Advocate: Shri Arun Birbal)

O R D E R Hon’ble Mr. Rajinder Kashyap, Member (A):

By filing the present OA under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs:

"(i) To call for the records of the case;

(ii) To quash and set aside the impugned charge memorandum dated

6.6.2013, inquiry report dated 12.12.2013, Disciplinary Authority order dated 29.4.2014 passed by R.3, appellate Authority order dated 23.6.2014 passed by R.2 and Revision order dated

8.12.2014 whereby the original penalty was modified (iii) Consequent to (ii) above, award all consequential benefits flowing from the gratpof relief (ii) above;

(iv) grant the cost and expenses of the OA in favour of the applicant;

and, (v) To grant any other relief as deemed just and proper by this Hon'ble Tribunal."

FACTS IN BRIEF ARE AS UNDER:

2. The applicant joined the Delhi Development Authority January 1983 and while he was working as an Assistant, a Memorandum bearing No. F.27(09)2011/EE(Vig)-V dated 06.06.2013 (Annexure A-1) was issued to him by Respondent No. 3 under Rule 14 of the CCS (CCA) Rules vide which it is proposed to hold an inquiry against the applicant and the applicant was directed to submit a written statement of his defence within 10 days and also to state whether he desires to be heard in person. The articles of charge levelled against the applicant are as under:-

"Sh. Gora Sarkar, Assistant (the then UDC), while working in (LAB)–H as dealing Assistant during the period from 2006–07 had committed the following irregularities as detailed below:

ARTICLE–I: That the said Sh. Gora Sarkar, Assistant transferred the LIG flat No.90/F, Pocket–I, Mayur Vihar, Phase–I and recommended the conveyance deed in favour of Smt. Prem Lata W/o Sh. Ghanshyam Singh on the basis of fictitious/forged documents without seeing/verifying the original lease documents from the original allottee.

ARTICLE–II: That the said Sh. Gora Sarkar, Assistant has not obtained NOC from Indian Oil Corporation with whom the flat was mortgaged and recommended conveyance deed in favour of transferee.

ARTICLE–III: That the said Sh. Gora Sarkar, Assistant failed to scrutinize the documents and execution was allowed without availability of original documents. He also failed to issue notice in the leading newspapers inviting objection of all concerned before allowing/making conveyance deed in favour of 3rd party.

ARTICLE–IV: That the said Sh. Gora Sarkar, Assistant issued call letter dated 12.12.2007 intentionally to Smt. Prem Lata who was the transferee of Conveyance Deed of the flat No. 90, Pkt.–I, LIG, Mayur Vihar, Phase–I, Delhi–110091 despite the strict directions of Director (H) to call the complainant Sh. Anil Kumar.

ARTICLE–V: That the said Sh. Gora Sarkar, Assistant has sent a letter dated 2.01.2008 to Smt. Prem Lata, transferee by manipulating a forged letter under signature of Sh. Dambar Bahadur, original allottee, to complete the formalities for conveyance deed. Whereas Sh. Dambar Bahadur had died on 30.10.2002 at Kurseong (Darjeeling) as reported by IOC vide their letter dated 02.01.2012.

ARTICLE–VI: That the said Sh. Gora Sarkar, Assistant has committed the irregularities in connivance with the transferee and co- staff. It indicates mala fide intention and imply acceptance of gratification.

That the s