Judgment :

Abhay Manohar Sapre, J.

1) This appeal is filed against the final judgment and order dated 21.08.2008 of the High Court of Delhi at New Delhi in Writ Petition(c) No. 2046 of 2001 whereby the High Court dismissed the petition filed by the appellant herein.

2) In order to appreciate the issue involved in this appeal, which lies in a narrow compass, it is necessary to set out the relevant facts in brief infra.

3) On 01.10.1965, the appellant joined the office of District & Sessions Court, Delhi as Lower Division Clerk. He was confirmed w.e.f. 06.07.1976. Thereafter on 26.07.1986, he was promoted as Upper Division Clerk (U.D.C.). In May, 1989, he was posted as U.D.C. as in-charge of copying agency criminal side at Patiala House Court, New Delhi.

4) While working as U.D.C. and in-charge of Copying Agency (Criminal) at Patiala House Court, on 23.01.1990, the appellant submitted a written complaint against one Window Clerk, namely, Smt. Brij Bala, to the officer in-charge of the Copying Agency, Patiala House Courts stating therein that she is not discharging her duty effectively and she often used to close the counter of the Copying Agency before the prescribed time and after lunch also she used to resume her duty after the prescribed time. Therefore, the litigants had occasion to make a complaint to the appellant and he had to depute other official to attend the work. The appellant requested for her transfer.

5) On the same day, Smt. Brij Bala also made a statement to the superior officer that on 22.01.1990 after closing the application register at 1.00 p.m., she came to know that some applications, which were not even entered in the register on that day, were entered in CD2/Dak register subsequently and the certified copies were got prepared of those applications on the same date. She was also pressurized to deliver the copies on the same date at 2.30 p.m. When she refused to deliver the copy, the appellant quarreled with her and used unwanted words in the office, which were uncalled for.

6) The office-in-charge forwarded the aforesaid statement of Smt. Brij Bala to the District Judge. On the basis of said complaint, a preliminary enquiry was made. Thereafter a departmental enquiry was also held against the appellant. On 06.02.1990, the appellant was placed under suspension.

7) A memorandum dated 18.07.1990 was served on the appellant by the office of the District & Sessions Judge, Delhi that the authority proposes to hold an enquiry against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (in short “the CCS Rules”) which included the statement of articles of charges and other relevant documents.

8) The disciplinary proceedings, which commenced on 18.07.1990, continued for more than nine years. Pending disciplinary proceedings, the appellant sought revocation of suspension order but such representation made by the appellant was not considered. Subsequently, vide order dated 01.03.1999, the then District & Sessions Judge, exercising the powers conferred under Clause C of sub-rule 5 of Rule 10 of CCS Rules revoked the order of suspension with immediate effect. The issue, whether the period of suspension is to be reckoned as period on duty, was not decided and directed to be taken up after conclusion of the disciplinary proceedings.

9) The District & Sessions Judge, Delhi passed two orders dated 27.10.1999 and 28.10.1999 imposing a major penalty of compulsory retirement on the appellant. It was also ordered that the appellant will not be entitled to any amount more than the allowances already paid during the period of suspension.

10) Challenging the said order, the appellant filed an appeal before the Administrative Judge of the High Court of Delhi. Vide order dated 21.08.2000, the Administrative Judge dismissed the appeal.

11) Against the said order, the appellant filed W.P. No. 2046 of 2001 before the High Court. The High Court, by impugned judgment dated 21.08.2008, dismissed the peti