Rajvir Chalia vs South Delhi Municipal Corporation & Others

R.N. Singh, Member (J)

In the present OA, the applicant has challenged the order dated 23.5.2006 (Annexure A/1) passed by the respondent whereby a penalty of

“stoppage of four increments†was inflected by the respondent upon the applicant. The applicant has also challenged the inquiry report dated

28.1.2005 (Annexure A/2) which led to the passing of the aforesaid impugned order of penalty. The applicant has prayed for the following reliefs in

the present OA:-

“(a) Quash and set aside the impugned Order/action of the Respondent placed at Annexure-A/1 and A/2 or direct the Respondent to

revisit the same in view of the clean acquittal of the Applicant and

(b) If for any reason, Applicant is found not entitled to relief claimed at para 8(a) above, in that event, direct the Respondent to pass

appropriate order regularizing the suspension period ‘as spent on duty’ for all intents and purposes and to release the

stopped/withheld increments including annual increments towards suspension/ prolonged and unjustifiable suspension period; and

(c) Release all consequential benefits including monetary benefits, arrears, seniority and promotion.

(d) Award costs of the proceedings in favour of the applicant.

(e) Any other relief which this Hon’ble Tribunal deems fit and proper in favour of the applicant.â€​

Shri Luthra, learned counsel for the applicant, submits that the applicant has preferred a representation dated 27.11.2019 followed by a reminder

dated 2.9.2020 (Annexure A/8 Colly.) for redressal of his grievance.

Issue notice.

4, Shri Mahendru, learned counsel for the respondent, who appears on advance service, accepts notice.

At this stage, Shri Luthra, learned counsel for the applicant submits that applicant will be satisfied if the present OA is disposed of with liberty to the

applicant to make a comprehensive representation for redressal of his grievance within two weeks from today with a direction to the respondents to

consider the applicant’s such comprehensive representation to be submitted by him in a time bound manner.

To such request of learned counsel for the applicant, there is no objection from Shri Mahendru, learned counsel for the respondents.

In view of the aforesaid, without going into the merit of the claim of the applicant, the present OA is disposed of with liberty to the applicant to

make a comprehensive representation for redressal of his grievance within two weeks from today and the respondent is directed that on receipt of

such comprehensive representation within the time, the same shall be considered and disposed of by passing a speaking and reasoned order as

expeditiously as possible and in any case within 10 weeks of receipt of such comprehensive representation.

The OA is disposed of in the aforesaid terms. No order as to costs.