RAJEEV KUMAR GARG Vs. BSES RAJDHANI POWER LIMITED
LAWS(DLH)-2013-3-369
HIGH COURT OF DELHI
Decided on March 20,2013

Rajeev Kumar Garg Appellant
VERSUS
BSES RAJDHANI POWER LIMITED Respondents

JUDGEMENT

- (1.)By this writ petition, the petitioner prays for quashing of the departmental proceedings issued against the petitioner pursuant to the chargesheet dated 10.1.2013. The sum and substance of the charges against the petitioner is that the petitioner demanded a bribe for deferring the orders of disconnection of supply to the premises of one Ms. Kickey Sandhu.
(2.)Three grounds have been urged on behalf of the petitioner before me. First is the lack of authority in the disciplinary authority to conduct the disciplinary proceedings. The second is with respect to the enquiry officer not having the necessary authority and the third is of delay in issuing of chargesheet in the year 2013 with respect to an incident of September, 2009.
(3.)The petitioner, as imputation of charges shows, was caught red handed in his car, however, he sped away. I may note that the petitioner was chargesheeted earlier also for another misdemeanour, and with respect to which he had filed W.P.(C) No.5330/2011. This writ petition was dismissed by a learned Single Judge of this Court (S. Muralidhar, J.) vide order dated 28.7.2011. This order reads as under:-
"1. Mr. B.R. Sharma, learned counsel appearing for the Petitioner submits that he is not pressing the relief in regard to the order dated 23rd May 2011 suspending the Petitioner since by a subsequent order dated 22nd June 2011, the suspension was revoked. However, he assails the issuing of the chargesheet to the Petitioner by an authority who according to the Petitioner is not competent to issue such chargesheet. He is also aggrieved by the fact that the chargesheet pertains to an event which is more than two years old. According to him, the proceedings have been initiated malafide.

2. In the considered view of this Court, all the grounds raised by the Petitioner in the present petition can be raised by him at the appropriate stage, if at the end of the inquiry he is found guilty and awarded punishment. At this stage, this Court is not inclined to interfere.

3. The writ petition and the pending application are dismissed."



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