Ravi Kumar Pandit v. India Tourism Development Corporation Limited & Anr

SANJIV KHANNA, J. SEPTEMBER 14, 2011 dk

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.6032/2011 Judgment reserved on: 19th August, 2011 % Judgment pronounced on: 14th September, 2011 Ravi Kumar Pandit ..... Petitioner Through: Mr.S. Ravi Shankar and Mr. R. Yamunah Nachiar, Advocates. versus India Tourism Development Corporation Ltd. & Anr. ..... Respondents Through: Mr. Ujjwal Kumar Jha and Mr. Kanwaljeet Singh, Advocates for R-1. Mr. Sunil Kumar, CGSC and Mr. Alok Kumar Shukla, Advocate for R-2. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA 1. Whether reporters of the local papers be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ The petitioner, a General Manager (Engineering) under India Tourism Development Corporation Limited (ITDC), was authorized to exercise powers of Vice-President(Engineering) / Senior Vice-President (Engineering) by order dated 2.1.2009 by the Chairman-cum-Managing Director of the ITDC. On 29.3.2011, the officiating charge of the Vice- President given to the petitioner was withdrawn. Being grieved by such an action, the petitioner approached the Central Administrative Tribunal, Principal Bench (for short, "the tribunal") in OA No.1265/2011 for quashment of such an action / order. 2. It was set forth before the tribunal that the petitioner was confirmed on the post of General Manager in ITDC vide order dated 17.9.2009. The Chairman-cum-Managing Director of the ITDC being satisfied, acknowledging and appreciating his work, promoted him to the vacant post of Vice-President(Engineering) on 21.10.2009 and at that juncture he was given the pay scale of Rs.43200-6600(IDA). At the time of withdrawal of the charge, he was the senior most Engineer and his appointment was against a regular vacant post as the order of promotion would clearly show. It was urged before the tribunal that a decision was taken by the competent authority to reward him for the good work done and, accordingly, he was promoted. It was averred that on 31.5.2010 and 2.6.2010 two enquiries were initiated against him with regard to development works at Barsana and purchase of split air conditioners for hotel Jammu Ashok for which minor penalties of censure and withholding of two increments respectively were imposed on 1.12.2010 by the disciplinary authority. The petitioner has preferred appeals against these orders which are pending before the appellate authority. It was urged before the tribunal that when the infliction of the punishment have been assailed before the appellate authority it is not justifiable to revert him to the post of General Manager in view of the DOPT memorandum dated 24.12.1986. 3. The respondents resisted the stand and stance put forth by the petitioner contending, inter alia, that the withdrawal of officiating promotion of the petitioner is in accordance with the rules. It was also highlighted that the appointment by the CMD was not justified as he has no power to confer such a benefit. The said order passed by the CMD was put before the Board of Directors which is the only competent authority and it decided to withdraw the same. The irregularities in the act of the petitioner causing wrongful loss to the respondent were also pleaded in the counter affidavit. It was also put forth that the applicant has been issued a major penalty chargesheet on the advice of Central Vigilance Commission and the enquiry is in progress. Various irregularities were highlighted before the tribunal in the return filed by the ITDC. It was set forth that there was a singular sanctioned post of Vice-President in the Engineering division, which was held by one Mr.Bachketi earlier. On rejoining, Mr.Bachketi was given the charge of administration and consultancy due to CVC directives. The entire issue was kept before the Board of Directors which observed that the post of Vice-President be filled up on regular basis on the recommendation of the selec