Neutral Citation Number: 2023:DHC:3620-DB

W.P.(C) 6525/2017 Page 1 of 23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 18.04.2023

Judgment delivered on:25.05.2023

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W.P.(C) 6525/2017

ALL INDIA INSTITUTE OF MEDICAL SCIENCES

..... Petitioner

Through:

Mr. Atul Kumar, Ms. Sweety Singh

and Mr. Rahul Pandey, Advocates.

versus

S.P. VASHISHT

..... Respondent

Through:

Mr. Shanker Raju, Mr. Nilansh Gaur,

Ms. Anubha Bhardwaj and Mr. Rajesh

Sachdeva, Advocates.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1. The challenge in this writ petition is to an order dated February 03,

2016 passed by the Central Administrative Tribunal (hereinafter referred to

as the „Tribunal‟) whereby the charge-sheet issued by the petitioner against

the respondent herein has been held to be void ab initio along with action

taken by the petitioner against the respondent on the charge-sheet, including

the inquiry report as well as the punishment order dated July 18, 2013

imposing the penalty of compulsory retirement. However, the petitioner has

been given liberty to initiate fresh disciplinary inquiry against the respondent

by following the procedure under CCS (CCA) Rules, 1965 and in terms of

law laid down by the Hon‟ble Supreme Court in Union of India v. B.V.

Gopinath, (2014) 1 SCC 351.

Digitally Signed

By:DINESH CHANDRA

Signing Date:25.05.2023

15:09:17

Signature Not Verified

Neutral Citation Number: 2023:DHC:3620-DB

W.P.(C) 6525/2017 Page 2 of 23

2. (i) In brief, as per the case of the petitioner, Shri S.P. Vashisht

(respondent) was appointed to the post of Hawaldar in All India Institute of

Medical Sciences (AIIMS) on September 27, 1983 and subsequently

promoted to the post of Sanitary Officer. On the basis of a surprise check by

the Central Bureau of Investigation (CBI), ACB, New Delhi at the main

hospital store and C.N. Centre stores of AIIMS, an FIR was registered on

March 03, 1999 under Sections 120-B/420 IPC and Section 13 (2) read with

Section 13 (1)(d) of the Prevention of Corruption Act, 1988, for causing

undue pecuniary advantage to one Mr. Rajeev Rastogi of M/s Rajeev

Enterprises, by ignoring AIIMS rate contact with its approved suppliers.

Allegations also pertained to supply of surgical items by firms not having

license from the Drugs Controller, NTC, Delhi and supply of various sub-

standard items in the Hospital. DIG, CBI, ACB also forwarded a copy of the

report of S.P. CBI, ACB recommending for major penalty proceedings

against the erring officials of AIIMS on September 05, 2001.

(ii)

On October 17, 2001, a proposal for consideration of request of CBI,

ACB, New Delhi for (a) grant of sanction for prosecution, (b) initiation of

regular disciplinary proceedings for major penalty and (c) follow up

action/suspension subsequent to decision on (a) & (b) above, was placed

before the Governing Body of AIIMS, which authorised the President,

AIIMS to constitute a Committee to look into the matter and submit its

recommendations to the Governing Body.

(iii)

A two member Committee was accordingly constituted and

recommendations of Committee were submitted to the President AIIMS for

consideration. The report of the committee was further placed before the

Digitally Signed

By:DINESH CHANDRA

Signing Date:25.05.2023

15:09:17

Signature Not Verified

Neutral Citation Number: 2023:DHC:3620-DB

W.P.(C) 6525/2017 Page 3 of 23

Governing body in its meeting held on April 03, 2002 which recommended

that in absence of material substance pertaining to any malafide intention on

the part of Dr. D.K. Sha