THE CHAIRMAN, NEW DELHI MUNICIPAL COUNCIL & ANR vs DR. G.S. THIND

Judgment text excerpt

$~27 & 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4058/2019 THE CHAIRMAN, NEW DELHI MUNICIPAL COUNCIL & ANR .....Petitioners Through: Ms. Sriparna Chatterjee, Additional Standing Counsel for NDMC with Mr. Soumitra Chatterjee and Mr. Manish, Advocates. versus DR. G.S. THIND .....Respondent Through: Mr. Padma Kumar Singh and Mr. Gurpreet Singh, Advocates + W.P.(C) 4064/2019 THE CHAIRMAN, NEW DELHI MUNICIPAL COUNCIL & ANR .....Petitioners Through: Ms. Sriparna Chatterjee, Additional Standing Counsel for NDMC with Mr. Soumitra Chatterjee and Mr. Manish, Advocates. versus SUBHASH CHANDRA AGGARWAL .....Respondent Through: Mr. Padma Kumar Singh and Mr. Gurpreet Singh, Advocates CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 17.01.2025 Signature Not Verified WP(C) 4058/2019 & connected matter Page 1 of 20 Signed By:MEENU KALRA Signing Date:29.01.2025 18:39:14 C. HARI SHANKAR, J. 1. These writ petitions involve identical issues and challenge a common judgment rendered by the Central Administrative Tribunal1 on 25 January 2019 in OA 2110/20172 and O.A. No. 2137/20173. 2. Subhash Chandra Aggarwal4 was working as Assistant Engineer (Civil) in New Delhi Municipal Council.5 The sanction for his prosecution under Section 19(1)(c) of the Prevention of Corruption Act, 19886 was granted on 24 October 2005. Resultantly, Aggarwal was prosecuted by the CBI. 3. The charge against Aggarwal was of corruption in respect of grant of a license for running a lodging house at 13, K.G. Marg. By judgment dated 23 July 2013, Aggarwal was found guilty by the learned Trial Court of offences punishable under Sections 120-B, 418, 420 of Indian Penal Code7 read with Section 13(1)(d) and Section 13(2) of the PC Act. By a separate order dated 31 July