JANAK RAJ vs DELHI DEVELOPMENT AUTHORITY AND ANR.

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5047/2019 & CM APPL. 22352/2019 JANAK RAJ .....Petitioner Through: Mr. Ram Avtar Sharma, Adv. versus DELHI DEVELOPMENT AUTHORITY AND ANR. .....Respondents Through: Mr. Arun Birbal, Adv. for DDA. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 10.02.2025 C. HARI SHANKAR, J. 1. Disciplinary proceedings were instituted against the petitioner, who retired as Executive Engineer in the DDA, under Rule 9 of the Central Civil Services (Pension) Rules, 19721, vide memorandum dated 19 January 2018. The petitioner had retired, prior to the said date, on 31 July 2016. 2. Before the enquiry proceedings could take off, the petitioner approached the Central Administrative Tribunal2 by way of OA 1 “CCS (Pension) Rules” hereinafter 2 “the Tribunal” hereinafter W.P.(C) 5047/2019 Page 1 of 5 Signature Not Verified Signed By:MEENU KALRA Signing Date:12.02.2025 18:26:48 1115/2018. 3. The petitioner canvassed, before the Tribunal, one sole ground, which was that the charge sheet had been issued more than four years after the event of misconduct, which constituted its basis and was, therefore, barred by time in view of Rule 9(2)(b)(ii)3 of the CCS (Pension) Rules. 4. The Tribunal has, by judgment dated 1 April 2019, rejected the petitioner’s contention and has held the institution of the charge sheet to be within time. 5. Aggrieved thereby, the petitioner has moved this court by means of the present writ petition. 6. We have heard Mr. Sharma, learned Counsel for the petitioner, and Mr. Birbal, learned Counsel for the respondents, at some length. 7. Mr. Birbal, learned Counsel for the respondents, submits that the word “event” as used in Rule 9(2)(b) of the CCS (Pension) Rules has to be inter