Prem Nath Bali vs Reg.,High Court Of Delhi & Anr

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.

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 petition.

25) Once such discretion is exercised by the appointing authority in inflicting the punishment (whether minor or major) then the Courts are slow to interfere in the quantum of punishment and only in rare and appropriate case substitutes the punishment.

32) As a matter of experience, we often notice that after completion of the inquiry, the issue involved therein does not come to an end because if the findings of the inquiry proceedings have gone against the delinquent employee, he invariably pursues the issue in Court to ventilate his grievance, which again consumes time for its final conclusion.

35) Having regard to the totality of the facts and the circumstances, which are taken note of supra, we are of the view that the period of suspension should have been taken into account by the respondents for determining the appellant's pension and we accordingly do so.

36) In view of foregoing discussion, the appeal succeeds and is allowed in part only to the extent indicated above in relation to fixation of appellant's pension. The respondents are accordingly directed to re-determine the appellant’s pension by taking into account the period of suspension (06.02.1990 to 01.03.1999) and then pay to the appellant arrears of the difference amount from the date he became eligible to claim pension and then to continue to pay the appellant re-determined pension regularly in future as per Rules. It is to be done within three months from the date of receipt of this order. No costs.