ORDER
Ramamoorthy, J.
1. The petitioner, who was working as Administrative Officer, was dismissed from service by order dated 26.3.1996. The order dated 26.3.1996 is challenged in the writ petition. The facts of the case would revolve around the service of one S.K.Batra who had been shown undue indulgence by the Delhi Transport Corporation, hereinafter called the “DTC”, right from the beginning of his employment. The Selection Committee had chosen S.K. Batra, in 1988, for the post of Additional Chief Mechanical Engineer when he did not satisfy the requirements of educational qualifications, and the blame had been put on the petitioner. That is the long and short story of the entire case. So, we have to begin from the beginning.
2. The Dy.Vigilance Officer in his report dated 13.12.1989 has observed that S.K. Batra, who was appointed as Foreman on the 8th of October, 1957, had given his qualifications in the Service Book. The same is as under :-
“In the column meant for educational qualifications, it has been shown as `Matric, studentship of A.M.I.C. (USA), Section A&B of Motor Industry(U.K.)’. Further perusal of the Service Book shows that some more entries i.e. three in number with reference to qualification have been made in the column meant for Medical Examination and result thereof which is reproduced as below:-
(i) Passed the final examination in Automobile Eng. from Interna- tional Corp. of Engineers Incorporated DELAWARE, USA and awarded Dip. of AMICE.
(ii) Associate membership examination of the Institute of Motor Industry, Section ‘C’ passed in Nov., 1964.
(iii) Diploma of Associate Membership granted by the Indian Institute Road Trp., Oct., 1972.”
3. On the 22nd of September, 1965, S.K. Batra was promoted as Assistant Engineer (Mechanical). He was promoted as Assistant Works Manager w.e.f. 4.10.1973. He was again promoted as Works Manager w.e.f. 28.11.1983 and as Additional Chief Mechanical Engineer w.e.f. 14.10.89.
4. Before I refer to the chargesheet issued to the petitioner which culminated in the order of dismissal of the petitioner, it is necessary to notice a few facts.
5. The said S.K. Batra did not have the requisite educational qualifica- tions. He was working with Mr.V.K. Bhatia and Lt. Col. H.S. Mathur, who were the members of the DPC for the selection to the post of Additional Chief Mechanical Engineer. In spite of the fact that he was not possessing the requisite educational qualifications, he was found suitable by the Selection Committee for promotion. Before his case was considered as Addi- tional Chief Mechanical Engineer, it is interesting to note how S.K. Batra came into the zone of consideration.
6. On the 14th of June, 1983, the Secretary, DTC Board, put up a note regarding promotion of departmental candidates in different departments of the Corporation. The relevant portion reads as under :-
“Consequent upon the ad hoc promotions of 3 Mechanical Engineers/Works Managers to the post of Additional Chief Mechani- cal Engineer, 3 Assistant Works will also be required to step into the post of Mechanical Engineer/Works Manager. The recruit- ment Rules of the post of Works Manager is placed at Annexure- `D’.
There are no separate recruitment rules for the post of M.E. The Educational qualifications prescribed for the post of Works Manager is Degree in Mechanical/Auto Engg. According to these Recruitment Rules, Asstt.Works.Mamager with 5 years’ service in the grade of Rs.700-1300 come under the zone of consideration for promotion to the post of Mechanical Engineer/ Works Manager, provided they fulfill the requisite qualifications prescribed for the post. A statement showing the particulars of the senior most A.W.Ms is placed at Annexure-‘C’. Perusal of this statement will reveal that the following senior most Asstt. Works Managers come under the zone of considerations for promotion to the post of Works Manager.
1. Sh. P.N. Zalpuri
(He has already been promoted)
2. Sh. S.P. Narula
3. Sh. S.K. Batra
These officers do not meet the requirement of education qualifi- cations as per Recruitment Rules of the post. They have put in long service in the Repair & Maintenance Department and they deserve encouragement. It is, therefore, recommended that these officers may be promoted as Works Manager/ME on ad hoc basis and the qualifications be relaxed in their favour.”
7. On the 11th of October, 1983, the Sr. P.O. put up a note in the following terms:-
“Consequent upon promotion of S/Shri I.R. Kakkar, and A.S. Lakra, Works Manager to the post of Addl.C.M.E. for six months and also on account of retirement of Shri S.N.Renjen, M.E., 3 posts of Works Managers/M.E. have fallen vacant. A copy of Recruitment Rules for the post of Works Manager is placed at Flag `A’. The post of M.E. is only functional and no Recruitment Rules have been prescribed for it. The Educational qualifications pre- scribed for the post of Works Manager is Degree in Mechanical/Auto Engg. According to these Recruitment Rules, A.W.M. with 5 years service in the grade are eligible for promo- tion to the post of Works Manager, provided they fulfill the requisite qualification prescribed for the post. A statement showing the particulars of the senior most A.W.Ms is placed at flag `B’. A proposal to promote the following A.W.Ms to the post of W.M. was placed before the Board for consideration and promo- tion on ad hoc basis after relaxation of their qualifications:
1. Sh.P.N. Zalpuri
(He has already been promoted)
2. Sh.S.P. Narula
3. Sh. S.K. Batra
(The minutes of the Board meeting are still awaited.)
According to the roster maintained for Scheduled Castes/Scheduled Tribes candidates in the matter for promotion to the post of Works Manager, one post is reserved for Scheduled Caste but no departmental candidate belonging to Scheduled Caste/Scheduled Tribes is available in feeding cadre for promotion.
The Recruitment Rules provide the method of filling in the post by promotion, failing which by transfer on deputation including short term contract and failing both by direct recruitment. The vacancies being only for a period of six months it will not be possible to fill in by the method of direct recruitment from outside. However, Sh. V.K. Bhatia, Industrial Engineer (Pay scale Rs. 700-1300) who is presently on deputation with the A.S.R.T.U. as Technical Officer in the same grade fulfills the requirement of direct recruitment.
Chairman may kindly see the above position and indicate how the two vacancies of works Manager are to be filled in.”
8. On the 12th of October, 1983, Mr. Prem Kumar, the Chairman, DTC, made the endorsement, which reads as under :-
“There are ad-hoc appointment proposals involving relaxation in the case of Shri Narula and calling back from his current deputa- tion from ASRTU in the case of Shri Bhatia. The exigencies of work in the DTC compel that these arrangements be approved. This be done. Thereafter, action for filling the posts on regular basis be initiated immediately.”
9. On the 28th of November, 1983, S.K. Batra was promoted as Works Manag- er on ad hoc basis. The letter dated 28.11.83 reads as under:-
“S.K. Batra, Assistant Works Manager, Pay Token No.2099 is hereby promoted as Works Manager on ad hoc basis with immediate effect on a basic pay of Rs.14300/- per month in the pay scale of Rs.1100-50-1600 plus usual allowances thereon on the following terms and conditions:-
1. His ad hoc promotion as Works Manager is purely temporary and for a period of six months. He will automatically stand reverted to his original post of A.W.M. on the expiry of this period. He can also be reverted to his original post at any time without notice and without assigning any reason therefor. This ad-hoc promotion will not confer any right of promotion to the post of Works Manager on regular basis.
2. In case any vigilance/disciplinary case is pending against him, he will not be treated to have been promoted. Addl.C.M.E.-I is requested not to deliver this memo to him and apprise the Personnel Department about the pendency of the case immediately.
3. The other terms and conditions of his appointment and serv- ice shall be those as embodied in the D.R.T.A. (Conditions of Appointment & Service) Regulations, 1952 as amended up to date and as may be amended hereinafter by Delhi Transport Corporation. He will also be governed and bound by all other rules and regula- tions framed by Delhi Transport Corporation, hereinunder.
He is required to report for duty to Additional Chief Mechanical Engineer-I.”
10. On the 29th of December, 1983, the Sr. P.O-I put up a note with refer- ence to advertisement made. The same reads as under :-
“The post of Works Manager in the pay scale of Rs.1100-1600 was advertised in the Press along with other numbers of posts in the cadre of officers. The relevant order of the Chairman/Board (P 129/Cr.) may kindly be seen. The copy of the advertisement may kind be seen at Flags`A’. The last date for receipt of applica- tions was 17.11.1983. In response to the advertisement, 41 applications including 13 from the departmental candidates have been received. The copy of the Recruitment Rules for the post of Works Manager may kindly be seen at Flag `B’. The following qualifications have been prescribed for the post:-
Essential Qualifications:
i) Degree in Mechanical or Automobile Engineering of a recognised university or equivalent.
ii) About 5 years experience in repairs and maintenance of heavy duty automotive diesel vehicles in a responsible supervisory capacity in a large workshop.
iii) Adequate knowledge of latest production techniques and quality control.
iv) Capacity for administrative work and for handling civil- ian labour.
(Qualifications relaxable in case of candidates otherwise well qualified.)
Desirable: Knowledge of Cost Accounting.
The bio data of the candidates who have applied for the post of works Manager have been tabulated and may kindly be seen in statement available at Flag ‘C’. 16 candidates whose serial numbers are given hereunder are eligible for consideration to the post of Works Manager:-
1,5,6,10,11,12,14,15,16,21,29,31,32,35, 36 & 39
Departmental candidates.
The remaining candidates either lack educational qualifications or experience as laid down in the Recruitment Rules. Chair- man is the appointing authority for the post of W.M. He may constitute Selection Committee to interview the eligible candi- dates. It is further submitted that four departmental candidates have been promoted to the post of W.M. on ad-hoc basis.
A decision in the matter of calling of candidates for interview may kindly be taken and Selection Committee constituted.”
11. Therefore, as on December, 1983, there were 41 applications for the post of Works Manager, and out of them, 16 were eligible to be considered for the post of Works Manager. Out of the said 16, there were six candi- dates from the Department and they were at S.Nos.29,31,32,35,36 & 39 in the list of 16 candidates. The last date for receipt of applications was fixed as 17.11.1983.
12. On the 14th of March, 1984, a note was put by the by the office of the DTC and the same reads as under:-
“Fair interview letters in respect of 8 Deptt. candidates for the post of W.M. and pendency of Disc/Vigl. cases are added for signature.
S.K. Batra, Works Manager(Ad-hoc) has sent his bio data for consideration to the post of Works Manager. The bio data of Shri Batra is available at Flag ‘A’. Shri Batra is holding the post of W.M. since 28.11.1983 on ad-hoc basis against the post of Public Relations Officers. Prior to his promotion as W.M. he was work- ing as Assistant Works Manager since 4.10.1973. The Batra has acquired the following qualifications:-
i) High School (Science Student)
ii) Associate Membership Examination of the Institute of Motor Industry, U.K.
iii) Associate Membership of the International Corporation of Engineers (Automobile) USA.
iv) Associate Membership of the India Institute of Road Trans- port.
Training: Practical training with British Leyland and with CAV London, London Transport and Glassgow Transport in U.K for six months.”
13. On the 16th of March, 1984, Sr. P.O. put up a note, which reads as under:-
“The copy of the advertisement of the post of Works Manager may kindly be seen at Flag `B’. The following qualifications have been prescribed for the post of Works Manager:-
Essential Qualifications:
i) Degree in Mechanical or Automobile Engineering of a recognised university or equivalent.
ii) About 5 years experience in repairs and maintenance of heavy duty automotive diesel vehicles in a responsible supervisory capacity in a large workshop.
iii) Adequate knowledge of latest production techniques and quality control.
iv) Capacity for administrative work and for handling civilian labour.
(Qualifications relaxable in case of candidates otherwise well qualified.)
Desirable: Knowledge of Cost Accounting.
From the bio-data of Shri Batra, it is evident that he is not eligible for the post of W.M. as he is not having degree in Mech. or Automobile Engineering. However it has been decided by the Chairman vide his minutes dated 2.1.1984 at page 30/N that S/Shri R.S.Sandha, AWM & S.P.Narula WM may be called for interview although they are not having requisite qualifications for the post of W.M. The interview for the post of Works Manager has already been fixed for 20.3.1984.
It is for consideration and
A : decision if Sh.S.K.Batra W.M. is also
: to be called for interview.”
sd/
Sr.PO
16.3.Addl.G.M.(A)
(C.C.)
‘A’ above may be approved pl.sd/-
16.3.
Chairman
sd/-16.3.
From this it is clear that the Chairman had directed the office to call for interview Mr.R.S.Sandha and Mr.S.P.Narula who are not at all qualified to apply as per the terms of advertisement issued by the DTC. This was soon after the finalisation of the list by 29.12.1983. Office note required approve of the Chairman for the consideration of the case of S.K.Batra who was also not qualified to be appointed for the post of Works Manager as per the terms of the advertisement. Therefore, it is clear that the DTC had determined to select S.K.Batra also as Works Manager.
14. On the 20th of March, 1984, the Selection Committee met and the minutes of the Select Committee for the recruitment to the post of Works Manager would read as under:-
“Select committee constituted by the Chairman for making recruitment to the post of Works Manager in the pay scale of Rs.1100-1600 out of the candidates who had applied against the advertisement met on 20th March, 1984 in the room of Addl.General Manager(A) and the following were present:-
1. Sh. T.D. Gupta, Addl.GM(A)
2. Sh. S.A. Baree, CAO
3. Sh. A.S. Lakra, Addl.CMS-II
4. Sh. D.C. Ahir, Dy.Secy,
M/o Shipping & Transport5. Col.A.N.Seth (E.M.E.)
The following 19 candidates were called for interview and only 16 appeared:-
1. Sh. P.N. Zalpuri
2. Sh. S.P. Narula
3. Sh. V.K. Bhatia
4. Sh. S.K. Batra
5. Sh. R.S. Sandha
6. Sh.V.K. Sehgal
7. Sh. Subhash Chander
8. Sh. T.C. Madan
9. Sh. M.P. Singh
10. Sh. O.P. Hurria
11. Sh. G.C. Dubey
12. Sh. Sheoraj Singh Kardam
13. Sh. Raghubar Dayal H. Tyagi
14. Sh. Arun Kumar Mishra
15. Sh. Gopal Sahai Sharma
16. Sh. Narul Abidin
17. Cap. Narendra Kumar Rai
18. Sh. Harish Chander
19. Sh. Prakash Chandra Gupta
The candidates mentioned at S.No.14, 16 and 18 remained absent. Keeping in view bio data of the candidates, confidential rolls (of departmental candidates only) and their performance in the interview the
Committee recommends the following candidates in order of merit indicated below for appointment to the post of Works Manager:-1. Sh. V.K. Bhatia
2. Sh. P.N. Zalpuri
3. Sh. S.P. Narula
4. Sh. S.K. Batra
5. Sh. V.K. Sehgal
6. Sh. Subhash Chander”
Therefore, Shri S.P.Narula and S.K.Batra, who did not satisfy the requirements of educational qualifications, had been selected by the Select Committee and whatever qualifications S.K.Batra projected he had,
had been on record on that day. This position is not in dispute.
15. On the 22nd of July, 1984, the DTC, in its Board Meeting, resolved:-
“After a details discussion, the Board resolved that approval be and is hereby accorded for regularising the ad-hoc promotions/appointments of all the officers mentioned in the agenda note, who were working on ad hoc basis in their respective appointments by creating the posts on regular basis, wherever necessary, and also by granting required relaxation as proposed in the agenda note. DPC/Selection Committee may also be completed
wherever necessary under the rules.
2. The Board also resolved that the cases of officers in the pay scale of Rs.1500-2000 be considered by the same. DPC as constituted by the Board in the cases of the two Addl. G.Ms. and the CAO.
3. The Chairman-cum-Managing Director be and is hereby authorised to consider the question of giving ad-hoc charge of the post of COS&P to Shri I.R.Kakar pending regular selection to fill in this post.”
16. On the 31st of July, 1984, the Sr. P.O-I put a note which reads as under:-
“Item No.99/84 dated 22.7.1984 regarding regularisation of promotion/appointment of the departmental candidates in the post held by them on adhoc basis, was placed on the table and DTC Board vide its Resolution No.138/84 dated 22.7.1984 decided as under:-
“After a details discussion, the Board resolved that approval be and is hereby accorded for regularising the ad-hoc promotions/appointments of all the officers mentioned in the agenda note, who were working on ad hoc basis in their respective appointments by creating the posts on regular basis, wherever necessary, and also by granting required relaxation as proposed in the agenda note. DPC/Selection Committee may also be completed wherever necessary under the rules.
In the Agenda Note, it was mentioned that the following individuals are presently working as Works anager:-
1. Sh.V.K. Bhatia, : on officiating
basis
2. Sh. P.N. Zalpuri :
3. Sh. S.P. Narula : on adhoc basis
4. Sh. S.K. Batra :
The above Resolution of the Board has given clear approval for regularising the adhoc promotions/appointments of all the officers mentioned in the Agenda Note who were working on adhoc basis in their respective appointments by creating the posts on regular basis, wherever necessary. This means that the Board has
accorded approval for regularising all the four posts of Works Manager. Since Shri V.K.Bhatia, Works Manager has been appointed as Addl.CME, it is, therefore, proposed that Shri V.K.Sehgal who is on the select panel for the post of Works Manager, may be promoted.
sd/
Sr.PO
31.7.
Addl.G.M.(A)
(C.C.)
sd/-
31.7
Chairman
sd/-
1.8.
17. Thus it could be seen that S.K. Batra was unauthorisedly appointed as Works Manager. The next promotion that he could aspire for was the post of the Additional Chief Mechanical Engineer.
18. On the 6th of October, 1988 a note was put by the Sr.AO in the following terms:-
“Consequent upon the appointment of Sh.V.K. Bhatia, Addl.CME to the post of CML, one post of Addl.CME has fell vacant. The R.Rs for the post of Addl.CME may kindly be seen at P `A’. The following qualification has been prescribed:-
Essential Qualifications:
i) Degree in Mechanical or Automobile Engineering of a recognised university or equivalent.
ii) 8 years experience in a responsible capacity in an automobile workshop or reput engaged in maintenance and repair.
iii) Two years administrative experience in a Road Transport undertaking including preparation of standard estimates and maintenance schedules.
(Qualifications relaxable in case of candidates otherwise well qualified.)
The post can be filled in by promotion or transfer on deputation including short-term contract from State Transport Undertaking. Public Transport Corpn. or by direct Recruitment. The vacancy in the post of Addl.CME is also temporary and till 4.9.1990 while seeking legal opinions in the case of CME, on temporary basis.
Promotion
“From amongst those in the grade of Rs.1100-1600 who have satisfactorily completed at least one year service in the grade.”
The qualifications prescribed for out-side candidates are also applicable to departmental candidates.
The bio-data of the first three seniormost departmental candidates who are in the pay scale of Rs.1100-1600 may kindly see at F/B.
Shri R.K.Wadhwa, Training Officer who is in the pay scale of Rs.1100-1600 has represented for promotion to the post of Addl.CME has also been added in the list at S.No. I.
Submitted please.
19. On the the 9th of October, 1988, there is a note stating:
“CMD vide his minutes dated 7.10.88 on the page has constituted a DPC for interviewing the departmental candidates for the post of Addl.CME. The meeting of the DPC has been fixed to take place on 13.10.88 in the Conference Room. Accordingly, three fair marks are put up for signature and issue pl.”
20. On the 13th of October, 1988 a brief note was put up and the same as under:-
“Consequent upon the promotion of Sh.V.K.Bhatia, Addl.CME to the post of CME, one post of Addl.CME has fell vacant temporarily.
For filling up this post, three seniormost departmental candidates have been called for interview. Statement showing their bio-data is available at P/A.
A copy of the Recruitment Rules for the post of Addl.CME is available at F/B.”
21. The statement showing the particulars of the departmental candidates which was considered for promotion for the post of Assistant Chief Mechanical Engineer is as follows:-
STATEMENT SHOWING THE PARTICULARS OF THE DEPARTMENTAL CANDIDATES CONSIDERATION FOR THE POST OF ADDITIOINAL CHIEF MECHANICAL ENGINEER.
Sr. Name & Qualifications Date of appoint- Remarks
No. Date of Birth ment & subsequent
Promotions.
1. Sh.R.K.Wadhwa Diploma in 14.6.66 - Jr.Ins. Foreman
02.09.1938 Mech.Engg. 6.10.72 - Foreman unsuitable
Section A&B 9.03.78 - AE(M)
of AMIE 16.3.83 - Train- 10 Yrs.
ing
Officer
(1100-
1600)
2. Sh.S.K.Batra AMIC(US) 6.10.72 - Foreman suitable
16.10.1933 Section A&B 22.9.65 - AE(M)
Dip.Automobile 4.10.73 - A.W.M.
26.7.84 - W.M.
(1100-
1600)
3. Sh.G.C.Dube B.A. 17.9.58 - Asstt. One disc.
15.07.1935 29.12.60- Foreman Foreman
07.2.62 - AE(Tyre case is
15.1.75 - A.W.M. pending as
18.9.85 - W.M. intimated
(1100- by GM(M)
1600) vide memo
dt.12.X.80
Unsuitable
In this, the said S.K. Batra was found suitable.
22. On the 9/10th February, 1989, the following order was issued by the DTC:
"Further to this office memo No. PLD-I(712)/88/8194 dated 14.10.1988 read with this office memo No. PLD-I(712)/88/9032
dated 17.10.1988, Shr S.K.Batra, Addl.DME may be treated to have been promoted as Addl.CME on officiating basis w.e.f.14.10.1988 on the terms and conditions enumerated hereunder:-
1. His officiating promotion is till further orders. He can be reverted to his original post of Works Manager at any time with-out notice and without assigning any reason therefor.
2. The other terms and conditions of his officiating promotion shall be those already communicated to him vide memos referred to above.”
23. The position as on February, 1989 was that the DPC had selected S.K.Batra who was not qualified at all even for being promoted as Works Manager. The members of the DPC might have verified the facts and they must have ascertained the information from the candidate, S.K.Batra, and must have scrutinised the documents. Without doing all these things, they had found S.K.Batra to be suitable for being promoted as Works Manager and he had come into the zone of consideration having been appointed as Works Manager unauthorisedly.
24. One Sashi Kant had made a complaint to the Director, S.K.Sheriff, DTC, about illegal appointments being made by the DTC. According to the complainant, S.K.Batra was helped by Mr. A.K. Sharma, the then Deputy General Manager (Personnel), the petitioner herein. The complaint reads as under:-
“If you have fictitious certificate then you can get a job in DTC very comfortably, as DTC, recognises all fictitious certificates for the reasons known to it.
You can get a job of even professional like doctor Addl. G.M.E. etc.
A holder of Certificate of Pharmacist Mr. Ashok Sharma was appointed as a qualified MBBS Doctor till it was proved in the court of law that his degree was bogus.
Now of late DTC has promoted Sh. S.K. Batra at very vital post whose qualification is bogus, unrecognised, not entitled in any of the Government recognised qualifications. His job has been ensured by Shri A.K. Sharma, Deputy General Manager(Personnel) of DTC. Further Mr.A.K.Sharma prefers un-qualified ineligible illiterate candidates over well qualified eligible candidates. He treats qualified persons below illiterate one.
When in time with the Government of India’s policy/Ministry of Transports policy the Board of DTC has passed a resolution that cases of relaxation with regard to the qualification be not put to the DTC Board. Therefore, without bringing to the notice of the DTC Board, Shri S.K. Batra has been promoted to the post of Addl.CME. The reasons of over looking all rules, qualifications are known to only Shri A.K. Sharma and how DTC moved its wheels.
I cannot give witness till these two higher officers S.K. Batra and A.K. Sharma are on important seats.”
25. On the 29th of August, Mr. S.K. Sheriff, Director, DTC, sent that complaint to Mr. P. Dutta, G.M. (HQ), DTC. On the 9th of October, 1989, Dr. Aradhana, AO (PLD) had put up the following note:-
“1. Consequent upon the appointment of Shri V.K Bhatia, Addl.CME to the post of CME, one post of Addl. CME fell vacant. Accordingly, the proposal dt.6.10.1988 was put up for filling up the vacant post (Flag `One’)
2. Recruitment for the post of Addl.CME are placed at (Flage ‘Two’).
3. The bio-data of first three senior most departmental candidates viz. Shri R.K. Wadhwa, Shri S.K. Batra, Shri G.C. Dubey in the pay scale of Rs.1100-1600 were put up.(flag 3)
4. CMD constituted the Selection Committee constituting of GM(North), GM(HQ) and CME (Flage ‘4’) which met on 13.10.1988 and Shri S.K.Batra was declared suitable for the post of Addl.CME (Flag ‘5’) available in Selection Minutes.
5. Shri Batra was promoted on adhoc basis to the post of Addl.CME w.e.f.14.10.88 (Flage ‘6’).
6. Meanwhile, Shri V.K. Bhatia appointed to the post of COS&P in compliance of DTC Board Resolution No.6/89 dt.20.1.89. One post of Addl.CME fell vacant w.e.f.30.9.87(flag ‘7’). Shri Batra who was an adhoc basis brought on officiating promotion w.e.f.14.10.1988. The date he was promoted as regular vacancy existed.
7. The Director, Directorate of Transport and Tourism, Delhi Admn. has forwarded a letter (flag ‘8’) in original containing allegation regarding fictions certificate submitted by Shri S.K.Batra, Addl.CME.
8. Shri Batra was requested vide memo dated 26.989 (flage ‘9’) to produce all the certificates and testimonials that he may be having in support of his qualification. He submitted the same. The photostat copies of certificates are placed at (flag ‘A’, ‘B’ & ‘C’).
9. List of Technical and Professional qualifications recognised by the Government of India has been checked up. As also men- tioned in the office note on 64/N. The same are not mentioned in the said list (flag ‘9’) which may kindly be seen at flage ’10’ from page 9 to 17. Submitted please.”
26. The GM(A) on the 9th of October, 1989 had made the following note:-
“May kindly see the office note at page 64/N and AO(P) at page 65/N. A complaint was received through Director, DTC Board, Shri Sheriff, Director of Transport, Delhi Administration, wherein it is stated that Shri S.K.Batra does not fulfill the qualifications laid down for the post of Addl.CME. To find out the facts, Shri Batra was requested to produce the certificate and testimonial in support of his qualifications. The photostat copies of the cer- tificates are available from flag `A’ to `C’. From the certifi- cates produced, it is clear that Shri Batra does not fulfill the laid down qualifications under the Recruitment Rules for the post of Addl.CME and the complaint is based on facts. Although both the progress reports given by the CME are above average flag `D’ & `E’ but taking into account the above facts there is no alter- native but to revert Mr.Batra to his substantive post of Works Manager.
May kindly see for orders.”
27. The Chairman-cum-Managing Director, on the 13th of September, 1989, made the following endorsement:-
“I have gone through the observations of PLD including the observation of GM(Admn.) at above in the complaint case regard- ing fictitious certificates submitted by Shri S.K.Batra, Addl.CME forwarded by the Director, Directorate of Transport and Tourism, Delhi Admn.
My observations are as under:-
a) Shri S.K.Batra, Works Manager was promoted to the post of Addl.CME on 14.10.88 on the unanimous recommendation of a Promo- tion Committee consisting of CME, GM(HQ) and GM(North) held on 13.10.88 on the basis of his bio-data, ACR and performance in the interview.
b) Shri Batra continued to function as Addl.CME and the Progress Reports during officiating period are “above average”.
c) On examination it is revealed that though the members of DPC clearly observed that qualification of Mr. Batra is Diploma in Automobile Engg. it did not recommend to place the matter before DTC Board to seek relaxation in qualification as was done in the case of Shri I.R. Kakkar, Ex-COS&P who was promoted to the post of COS&P after relaxation of the condition of education- al qualification prescribed in the recruitment rules vide reso- lution No.143/84, item No.103/84 dated 4.8.84. This omission on the part of DPC, I feel, was an error. Shri S.K. Batra, the concerned officer who was promoted on the recommendation of the DPC cannot be held responsible for any lapse, especially when at no stage he made any false claim regarding his qualifications.
In view of the above observations, there are only two courses open which are:
i) To revert the officer to his substantive post of Works Manager or,
ii) Allow him to cross his officiating period satisfactorily in view of his “above average” performance during the officiating period and then place the matter before DTC Board for seeking ex post facto approval.
Since it will be unfair to revert an employee even after receipt of “above average” performance during the officiating period on a higher scale and also that the officer cannot be held responsible for the lapse which was on the part of management, I allow Shri S.K. Batra, Addl.CME to cross his officiating period satisfacto- rily and direct that the matter be placed before the DTC Board in its next meeting for seeking ex post facto approval regarding relaxation in qualification to the extent required.”
28. Therefore, from this it is clear that S.K. Batra being persona grata, as it were, of some officers at the higher echelon of the DTC could find his way through in his official career even though he was not qualified.
29. On the 29th of September, 1989, on the basis of the complaint sent by Shashikant, a note was put up by the office of the DTC in the following terms:-
“The Director, Directorate of Transport and Tourism, Delhi Admin- istration has forwarded a letter in original containing allega- tion regarding fictitious certificates submitted by Shri S.K. Batra, Addl. CME. The complaint maintains that Shri S.K. Batra was promoted to a very vital post whose qualifications are bogus, unrecognised and are not listed in any of the Government recog- nised qualifications.
In this connection, it is stated that on receipt of the com- plaint, Shri S.K.Batra, Addl. CME was requested vide this office memo dated 26.9.89 to produce all the certificates and testi- monials that he may be having in support of his qualifications. He visited personally on 27.9.89 and all the original certifi- cates which have been entered in his service book were seen. Photocopies of the said certificates are available at F/A, F/B, & F/C. As regards to their authenticity, if felt necessary, reference be made to those Institutions, issuing the certifi- cates. As regards to the un-recognised of the Diploma, which he is in possession of, the matter may please be referred to the Ministry of Home Affairs. Incidentally, it is stated his offici- ating period is scheduled to expire on 13.10.1989.”
30. On the 27th of October, 1989, there was a Board meeting of the DTC and the extract of the minutes of the meeting are as under:-
“Resolution : Ex-post facto approval of No.187/89 relaxing mini- mum essen- Item 168/89 : tial prescribed educational qualifica- tions for the post of Addl. CME in favour of Sh S.K. Batra, W.M. (now Addl.CME) (CONFIDENTIAL)
The Board was informed that the Vigilance Department of the Corporation was making an investigation in the matter. The Board directed that the vigilance report be also placed before the Board in its next meeting.
Consideration of the item was adjourned.”
31. On the 25th of October, 1989, the Secretary, DTC Board put the follow- ing note:-
Sub: Ex-post facto approval of relaxing minimum essential pre- scribed educational qualifications for the post of Addl.CME in favour of Shri S.K.Batra, W.M.(now Addl.CME).
Shri S.K. Batra, Works Manager, was promoted to the post of Addl.CME on 14.10.88 on the unanimous recommendations of a De- partmental Promotion Committee consisting of OME, GM(HQ) and GM(North) held on 13.10.1988 on the basis of his bio-data, ACRs and performance in the interview at Annexure ‘K’.
2. Accordingly, Shri S.K.Batra functioned as Addl.CME and the progress reports during his officiating period are “above average”.
3. At the tie when Shri S.K.Batra was about to complete his offi- ciating period, certain complaints were received containing allegations regarding fictitious certificates submitted by Shri S.K.Batra _ one such letter dated 29.8.89 was forwarded by the Director, Directorate of Transport of Transport & Tourism, Delhi Administration (Annexure ‘L’). The matter was investigated and it was found that these qualifications do not find place in the list of Technical and Educational Qualification recommended by the Government of India (Annexure ‘R’). Photocopiers of certificates submitted by Shri S.K. Batra is enclosed at Annexure ‘X’. On examination it was observed that the qualification of Shri Batra is Diploma in Automobile Engineering whereas the essential qualification for the post of Addl. CME is Degree in Mechanical or Automobile Engineering of a recog- nised University or equivalent. The matter was brought to the notice of the Chairman-cum-M.D. who agreed that Departmental Promotion Committee at the time of selecting Shri S.K.Batra for the post of Addl.CME should have recommended relation of essential qualifications in the case of Shri S.K.Batra as was done in the case of Shri I.R. Kakkar, ex-COS&P who was promoted to this post only after relaxation of essential qualifications prescribed in the Recruitment Rules vide BR.No.143/84(Item 103/84).
4. The Chairman-cum-M.D., however, observed that this lapse on the part of Departmental Promotion Committee was an error and Shri S.K. Batra cannot be held responsible for any lapse, especially when at no stage he made any false claim regarding his qualifications. Therefore, taking all aspects into consideration the Chairman-cum-M.D. decided as follows:-
“Since, it will be unfair to revert an employee even after re- ceipt of “above average” performance during the officiating period on a higher scale and also that the officer cannot be held responsible for the lapse which was on the part of manage- ment, I allow Shri S.K. Batra, Addl.CME to cross his officiating period satisfactorily and direct that the matter be placed before the DTC Board in its next meeting for seeking ex-post-facto approval regarding relaxation in qualification to the extent required.”
5. The matter is placed before the DTC Board for according ex-post- facto approval of relaxing the essential educational qualifications prescribed in the Recruitment Rules for the post of Addl.CME from “Degree in Engineering or Automobile Engineering of a recognised University or equivalent” to “Diploma in Automobile Engineering” in favour of Shri S.K.Batra, W.M.(now Addl. CME).”
Therefore, on the 25th of October, 1989, the DTC was aware that there was an act of omission on the part of Departmental Promotion Committee and the DTC was of the view that S.K. Batra cannot be held responsible for the lapse and it was certified that at no stage he made any false claim regard- ing his qualifications.
32. On the 5th of December, 1989, in reply to the Vigilance Department query, the Ministry of Human Resource Development, Government of India, had sent the following reply:-
Sub: Recognition of Technical & Professional qualifications.
With reference to your letter No. VS-III(1)/1286/3617 dated 5th December, 1989 on the subject cited above and to inform you that The Institute of the Motor Industry (Incorporated), U.K. and International Corporation of Engineers incorporated Delaware United States of America and their awards are not recognised by the Government of India for the purpose of employment under the Central Government.”
33. On the 13th of December, 1989, the Deputy Vigilance Officer submitted his report when he was asked to inquire into the aspect. The report reads as under:-
“Placed at paras 3,6,9,12 and 16/Cr. are the copies as well as original copy of the complaint dated 4.9.89 against Shri S.K.Batra, Addl. CME purported to have mentioned), and a few by the Regional Managers(Tech.) alleging inter alia that getting job with fictitious certificates in DTC is easy; a reference to the appointment of a doctor (Dr.P.K.Sharma) and Addl.CME (Shri S.K.Batra) has also been given. In support of the say, some photostat copies of the certificates of Shri S.K.Batra which are stated to be bogus, un-recognised, etc. have also been added with the complaint. One copy of the complaint at page 19/Cr. with its enclosures have also been sent by the S.O., TAG Section, Ministry of Surface Transport vide letter No.I-26/8/89-TAG dated 8.9.89. In the complaint, it has also been mentioned that Shri A.K.Sharma, Dy.GM(P) (now GM-East) had ensured the job of Shri S.K.Batra, and that Shri Sharma prefers unqualified, ineligible, illiterate candidates over well qualified eligible candidates, and treats the qualified persons below illiterate one. A probe into the complaint has been requested.
Since the complaints are supported with photostat copies of the certificate – diploma and Associate Membership Examination of the Institute of the Motor Industry, etc. it was decided to take it up for examination/investigation irrespective of the fact that the complaints are anonymous.
In order to proceed with the investigation, necessary records such as Personal file, Service Book, in respect of Shri S.K. Batra, Booklet regarding recognition of Diploma/Degree, and Minutes’ file of Selection Committee in respect of Addl. CME wherein the name of Shri S.K. Batra was considered, were collect- ed for examination which are placed below. On the basis of the records received, involvement of Shri S.K. Batra, Addl.CME, Rati Ram, O.S.(PLD-I), I.P.Batra, Senior Clerk (PLD-I), A.K.Sharma, G.M.(East), the then DGM(P), P.Dutta, G.M.(Hqrs.) and V.K.Bhatia, COS&P was observed, hence their clarifications were also record- ed and the same are placed from page 47/Cr. to 58/Cr.(Vigilance file).
On perusing the Service Book in respect of Shri S.K.Batra, it has been observed that he was appointed as Foreman w.e.f.8.10.57. In the column meant for educational qualifications, it has been shown as ‘Matric, studentship of A.M.I.C.(USA), Section A&B of Motor Industry(U.K.)’. Further perusal of the Service Book shows that some more entries i.e. three in number with reference to qualification have been made in the column meant for Medical Examination and result thereof which is reproduced as below:-
(i) Passed the final examination in Automobile Eng. from Inter- national Corp. of Engineers Incorporated DELAWARE, USA and award- ed Dip. of AMICE.
(ii) Associate membership examination of the Institute of Motor Industry, Section ‘C’ passed in Nov., 1964.
(iii) Diploma of Associate Membership granted by the Indian Institute Road Trp., Oct., 1972.”
The above entries have also been attested by Shri A.K. Sharma, Sr.A.O.(P) on 21.12.87.
Shri S.K. Batra was promoted as A.E.(Mech.) w.e.f 22.9.65, as Asstt.Works Manager w.e.f.11.10.73, as Works Manager w.e.f.28.11.83 and as Addl.CME w.e.f.14.10.88. Here it is worth mentioning that addition of educational qualification in respect of Shri S.K. Batra is in different ink in December, 1987.
On the statement showing the particulars of the departmental candidates – consideration for the post of Addl. CME at Sr. No.2, name of Shri Batra exists on which in the column meant for ‘qualifications’ word ‘AMIC(U.S) has been cut and written in ink as ‘AMIC(US). Below it there exist two lines drawn and beneath it word ‘Diploma Automobile’ is also written with ink.
The photostate copies supplied with the complaint show:-
(a) the certificates for Diploma of Associate Membership (A.M.I.C.E.) issued in December, 1955 by International Corpora- tion of Engineers Incorporated Delaware United States of America; and
(b) One certificate issued in favour of Shri Satinder Kumar Batra by the Institute of the Motor Industry (Incorporated) for remaining successful in the following sections of the Asso- ciate Membership Examination of the Institute on the dates shown:-
Section A Part-I Exempt January 1962
Section A Part-II Exempt January 1962
Section B Exempt January 1962
Section C Passed in November 1964
This certificate was awarded on 7th January, 1965.
To check the above issue of certificates, booklet “Technical, Profes- sional Qualifications-Recognised by the Government of India’ has also been consulted and it has been observed as below:-
i) At page 27 of the booklet there is a mention of “University of Delaware, New York, DE 19711 Chemical(1941), d4b, Civil d4b, Electrical d4b, Mechanical d4b.”
d=day curriculum, 4=four-year program, b=program terminates with bachelor’s degree.
ii) Further at page 39 of the booklet University of Delaware (1966) has been mentioned ‘Undergraduate’-College of Business & Economics.
iii) At page 66 of the booklet at S. No. 23 of Foreign Qualifi- cations has been mentioned as “Full Technological Certificate in Motor Vehicle Technology (Motor Vehicle Technician Certificate) awarded by the City & Guides of London Institute. (Recognised for posts requiring qualification and training in Motor Vehicle Technology).
To check the issue in detail when classifications were recorded as referred to above, the following position emerged:-
(a) Necessary educational and other qualifications required for direct recruits as per recruitment rules for the post of Additional Chief Mechan- ical Engineer are as below:-
i) Degree in Mechanical or Automobile Engineering of a recognised University or equivalent.
ii) 8 years experience in a responsible capacity in an automobile workshop of repute engaged in maintenance and repairs.
(Qualifications relaxable in case of candidates otherwise well qualified.)
(b) Shri S.K.Batra had passed his matriculation examination in the year 1950 from Punjab University through the Government High School, Hansi (Photostat Copy of the certificate allotted to Roll No.30741 is placed at page 46/Cr.).
(c) On dated 9.11.89, Shri Batra stated that at the time of clearing his promotion from AWM to WM, the certificates were the same as shown in Vigi- lance and the same were considered, although the qualifications were also the same as for the post of Addl.CME/CME.
(d) Shri Rati Ram, OS-PLD-I vide his clarification dated 10.11.1989 had denied having made any entry in Service Book of Shri Batra which was coun- ter singed by him, and pointed out that it was done by the service book clerk (Shri Pravesh), counter signed by him, attested by the Sr.A.O.(Shri A.K.Sharma) when Shri S.K.Batra himself came to PLD-I for getting the educational qualifications entered in his service book and produced origi- nal and photostat copies of the certificates. The originals were returned to him after making entries in the service book. When the O.S.(PLD-I) was asked on what basis the dealing hand has mentioned the qualification as AMIC(US) Section A&B, Shri Rati Ram stated that the dealing assistant made this entry on the basis of the entry already entered in his serv- ice book against the column educational qualification at page 1 of his service-book. To a question Shri Rati Ram has further stated that office note specifies that three senior most individuals who were in the line of promotion for the post of Addl.CME as per conditions of recruitment rules at S.No.10, particulars containing the educational qualifications of the said three officers was put up. It was mentioned in the note that educational qualifications for promotion will apply in this case.
When Shri Rati Ram was asked if he had checked thoroughly the certificates of Shri S.K.Batra from the list of Technical & Professional Qualifications recognised by the Government of India, he stated positive and clarified that PLD asked Shri S.K.Batra to produce all the original certificates in his possession along with photostat copies of the said certificates. These were tallied with the entries recorded in the Service Book. As regard to the recognition of the certificate, booklet was consulted and PLD arrived at a decision that these qualifications do not include in the said list which was mentioned in the office note at page 64/N of his personal file.
(e) Shri I.P.Batra, Sr.Clerk vide his statement dated 15.11.89 (page 50/Cr.) has stated that as per procedure, the file for filling up the post is put up keeping in view the conditions of the Recruitment Rules. In the instant case, the file was put up with the bio-data of the senior most three departmental candidates who were in the pay scale of Rs.1100-1600. It was also mentioned in the office note that the educational qualification prescribed for the post for direct recruitment will also be applicable to the departmental candidates. The file was put up to the competent authority for taking a decision in filling up the post.
(f) Shri A.K.Sharma, CM(E) has clarified as below:-
“After seeing the file, I clarify that note at page 107/N of Selection file No.PLD-I(712)/80 was put up by the office detailing educational and other qualifications for the post and indicating the channel of promotion for the post, it was men- tioned that degree in Mechanical or Automobile Engineering is essential qualification and promotion to the post of Addl.CME is to be made from those in the grade of Rs.1100-1600. After going through the note and bio-data sheet (page 218/Cr.) and ensuring that only the names of Senior most Works Managers are included the file was submitted to the GM(HQ) by me on 6.10.88. At present, it is perhaps not possible for me to say whether Shri S.K.batra possesses the laid down qualification of degree in Mechanical or Automobile Engineering. However, it may be seen that Shri Batra was at that time holding the post of Works Manag- er and for this post also a degree is required. Before he was promoted to the post of Works Manager, Shri Batra was occupying the post of AWM and AE, for both of them the same degree is required. After the file was sent by the GM(HQ), CMD constitut- ed a Selection Committee and Shri Batra along with Shri G.C.Dubey and Shri R.K.Wadhwa, Training Officer was produced before the DPC comprising of Lt.Col.H.S.Mathur, GM(N), Shri V.K.Bhatia, CME and Shri P.Dutta, GM(HQ). Shri Batra was declared suitable by the DPC and after the recommendations of DPC were approved by the CMD, his promotion orders were issued.
The appointing authority for the post of Addl.CME carrying the scale of Rs.1500-1800 is CMD and as such, the orders were issued after the CMD approved the recommendations of DPC. Regarding the approval of DTC Board is concerned, the cases where Board is Appointing Authority, only go to it.”
(g) Shri V.K. Bhatia, COS&P has clarified:
That only suitability of candidate is adjudged by the Selection Com- mittee in case of appointment/promotion and not the eligibility of the candidate. He further stated that shortcoming in eligibility is covered by the Personnel Department by relaxation from the competent authority either before interview or after interview. On the question of recognition of certificates of Shri S.K.Batra, Addl.CME, Shri Bhatia stated that he had never came across those certificates during his service period, but the recognition of those certificates can be ascertained from the PLD or from the Ministry of Technical Education. He further stated that A.M.I.E. is given by the Indian Institutions of Engineers. That office is located at I.T.O. The students holding Diploma in Engineering have to clear first Section A & then B, for getting AMIE of Section A&B approved by the Gov- ernment of India as equivalent to degree engineering. He also clarified that the Section A & B cannot be exempted.
(h) Shri P.Dutta, GM(HQ) has clarified as below:-
“The assessment of eligibility etc. is made a Personnel Deptt. In case a particular problem arises, the matter is referred to GM/CMD for taking a decision. I do not recollect that Personnel Deptt. has posed any problem whatsoever to the eligibility of Shri S.K.Batra.
I have been shown the statement containing the particulars of the departmental candidates for consideration for the post of Addl.CME, the original sheet on which some Personnel Deptt. employees signed on 13,10.88 and all the DPC Members comprising of Lt.Col.H.S.Mathur, GM(N), Shri V.K.Bhatia, CME, and Shri P.Dutta, GM(HQ) had signed. At Sl.No.2 in the qualifications column some corrections in pen was apparently made by Personnel Deptt. So far as I am concerned, I could not make out from this illegible portion of the sheet the correct qualifications of Shri S.K.Batra. When the candidate appeared before me for interview on the date of interview i.e. 10.10.1988, I asked him about his qualifications. Shri S.K.Batra stated that he had Diploma in U.K. and he cleared papers of Maths conducted at Bombay by Bombay Unit of the same Authority. As this was beyond my comprehension, I asked him in particular whether the qualifi- cation is equivalent to Degree or Diploma or it is something else. He clarified that hi qualification was equivalent to Diploma in Auto Mobile. In order to verify this, I underlined the portion of illegible part of his qualification and wrote ‘Diploma Auto Mobile’ as claimed by the candidate i.e. Shri S.K.Batra. After the candidate left, Lt.Col.H.S.Mathur also confirmed that the claim of Shri Batra was in order. When inter- view of the candidate was over, Shri A.K.Sharma, Sr.A.O.(PLD) who was getting the interview conducted from PLD side, was called in to clarify this point i.e. the claim of the candidate that his qualification was equivalent to Diploma in Auto Mobile. Shri Sharma also confirmed that it was in order since this was not the first DPC which is assessing Shri Batra for promotion. He had been earlier promoted as AE, AWM and WM for which his claim that he was Diploma Holder in Auto Mobile must have been considered by earlier DPCs and this was in order. On the basis of technical assessment of the candidate made by Members who belonged to Technical Deptt., the candidate was found suitable by the DPC. Shri Sharma was asked to draw out the minutes of DPC and all three of us signed the minutes of DPC.
On a further question that how Shri S.K. Batra was selected by DPC when he was not having the basic qualifications from the post of Addl.CME, Shri Dutt stated that I have explained the cir- cumstances of my answer to question No.2 explaining how he was selected.
So far as the case for relaxation is concerned, the power lies only with the DTC Board. As in the cases of so many candidates during 1988 when Personnel Deptt. obtained relaxation from the Board in educational qualifications or in experience for so many officers, this case should also have been processed by the per- sonnel Deptt. along with other cases. At G.M’s level no case is initiated.
On receipt of complaint on this issue regarding the qualifica- tions of Shri S.K.Batra, it was strongly recommended to the Chairman/cum/M.D. that as he was functioning as CVO he should get investigation in depth in this matter so that if an employee has used fraudulent method to get promotion over others, justice is done to curb such a practice.”
(i)Sh. S.K. Batra, Addl. CME
Shri S.K.Batra, Addl.CME on the question of his educational qualifica- tion stated by his written statement that the certificate of A.M.C.E. was 2 years correspondence course and the centre of Exam. was in Karnal(Haryana). He further mentioned that another certificate of AMIRT (Associate Membership of the Indian Institution of Road Transport) was issued to him in 1972 in Delhi. Regarding 3rd certificate, he stated that during his training period in U.K. Leyland in 1962, he applied for the Associate membership of the Institute of Motor Industry in U.K. and got the Section ‘C’ Certificate from the said Institution after cleared the exami- nation in Delhi. He further stated that the said examination was cleared by him in the supervision of Mr. P.N. Rana, the then, Works Manager of DTC, now has been retired.
(j) The confirmation regarding the recognition of the Institutions from where Shri S.K. Batra obtained 2 certificates and on those basis, Shri S.K.Batra, Addl.CME got his employment in this Corporation and promotions from time to time. It was confirmed from the office of Adviser, Technical Education,Deptt. of Education, Ministry of Welfare and Human Resources, Government of India, New Delhi that the Institute of the Motor Industry Incorporated U.K. and International Corporation Engineers (incorporated) Delaware, USA and their awards are not recognised by the Government of India for the purpose of employment under the Central Government.
OPINION
(i) As already discussed above, the case of Shri S.K. Batra, along with others for promotion to the post of Addl. CME was submitted by Shri I.P. Batra, Sr. Clerk(PLD-I). While preparing the working sheet for considera- tion by the DPC, in the column of qualification in respect of Shri S.K. Batra, he wrote/typed ‘AMIE(US)’ in place of ‘AMIC’ (US) as mentioned in the respective column of the Service Book of Shri S.K.Batra. Later on this typed ‘AMIE’ was over-written with pen as ‘AMIC'(US) Section A&B. Such type of cuttings over the matter of qualification can create some confusion in the minds of the members of the DPC.
(ii) Although the over-writing are stated to have been made by Shri I.P. Batra, Sr.Clerk, the dealing assistant in the case of Shri S.K. Batra, as stated by the Office Superintendent (Shri Rati Ram) but Shri Rati Ram, O.S. can also not be absolved of the responsibility since whatever over- writing was done on the records to be put up before the DPC was done by his subordinate and papers naturally were routed through the O.S. (PLD-I).
(iii) This over-writing as mentioned at Para-II above seems to have escaped the attention of Shri A.K. Sharma, the then Sr. A.O. (PLD-I) now G.M. (E).
(iv) A perusal of the Service Book in respect of Shri S.K. Batra revealed that in the column for educational qualification some one has incorpo- rated as “Matric, studentship of A.M.I.C.(U.S.A.), Section A & B of Motor Industry (UK)” whereas a perusal of the photostat copies of the certificates nowhere this fact finds support that Shri Batra had obtained studentship certificate. But it is not known at this stage, as to who had incorporated this and when since the use of and hand-writing seems to be different one and this does not bear even the initials of any one which is must as per rules.
It is again surprising that in the year 1987 mostly the same certificates has been entered in an irrespective column of the Service Book by the PLD staff and the same has been endorsed/signed by Shri A.K.Sharma, the then Sr.A.O. Here it is worth mentioning that whereas in the respective column at the time of making entries “Section A & B of Motor Industry (U.K.) was incorporated whereas he was not in possession of such certificates of A & B Section, etc., but he was in possession of a certifi- cate containing `Section C passed in November, 1964 from the Institute of the Motor Industry (Incorporated) in which Section A & B are exempted by the said Institution. Hence, it is very clear that when Mr.Batra had not qualified Section A & B in Engineering i.e. Degree in Engineering, how a certificate of Section `C’ could be obtained.
However, while tendering his clarifications, Shri V.K.Bhatia, COS&P who has also been working as C.M.E., has clarified that Section A & B cannot be exempted.
(v)-a While ascertaining the position about aforesaid two certificates obtained by Shri S.K.Batra, from USA and Uk, from the officials of PLD, they informed that these qualifications do not include in the ‘List of Technical & Professional Qualifications’ recognised by the Government of India.
b. However, this list of technical & professional qualification has been checked thoroughly and found that the University of Delaware, Newark, DE 19711 at page No.27 exists of this list. There is no indication in the list that aforesaid University is affiliated with some other institutions. Further perusal of this book shows that each curriculum of Delaware University men- tioned above is 4 years regular (day) course. Neither any co- operative programme mentioned in the list by the Delaware Univer- sity (USA) nor recognised by the Government of India in the said list.
c. Again to verify the recognition of the technical and profes- sional qualification of Shri S.K. Batra, Addl.CME we wrote to the “Adviser, Technical Education Deptt. of Education, Ministry of Human Resources, Government of India, Shastri Bhawan, New Delhi vide our letter No.VS-III(1)/1286/3617 dated 5.12.89 along with two photostat copies of Shri S.K.Batra’s diploma from USA and Certificate from UK and on reply the said Ministry by their office letter No.F.19-3/89-TD-V dated Dec 5, 1989 confirmed that the Institutions from where the aforesaid diploma/certificates were issued are NOT RECOGNISED BY THE GOVT. OF INDIA, for the purpose of employment under the Central Government.
(vi) As per practice in vogue, it is the duty of PLD to put up the facts from the Service Book of the concerned officer/employee on the working sheet for consideration by the DPC. Thus, it becomes the responsibility of the members of the DPC to check all the documents of the individuals who are put to it for interview/consideration. In this case, the members of the DPC i.e. Lt. Col. H.S. Mathur, G.M.(North) – Chairman of the DPC Shri P. Dutta, GM(HQ) – Member of the DPC and Shri V.K. Bhatia, CME/COS&P – member of the DPC had also checked all these certificates of Shri S.K. Batra but none of them detected the irregularity as discussed above whereas Lt.Col. H.S. Mathur and Shri V.K. Bhatia were the expert of Technical line. Thus, it was the prime duty of these two officers to detect such irregular- ity at that moment whereas Shri Bhatia was confident that Section A & B are never exempted as indicated by him in his written clarification dated 21.11.89. He should not have accepted this particular certificate at the time of considering the case by the DPC when even original certificates were also put up before him by the individual Shri S.K. Batra.
(vii) However, during the course of discreet enquiries from Shri S.K.Batra, Addl. CME himself, it was accepted by him before the undersigned that the aforesaid certificates are not recognised by the Government of India for the technical and professional qualification purpose as per list, but he refused to give in writing this particular fact. Therefore, it seems that Shri Batra has been in the knowledge about the said fact and he has been concealing this fact from the very beginning. Moreover, any certificate/Degree/Diploma issued by any institution/college or University has no meaning without its mark-sheet and Mr.Batra does not possess any of them.
(viii) Surprisingly enough it is observed although Shri S.K. Batra was not in possession of the requisite certificate when he joined DTC as Foreman on 8.10.57 and subsequently got promotions as Asstt. Engineer, Asstt.Works Manager, Works Manager and ultimately as Addl.CME.
a) It is also pertinent to mention here that following requisite qualifications are essential for the initial appointment of Shri S.K. Batra as Foreman to his last promotion as Addl.CME as per DRTA, Standing Orders regarding recruitments (Conditions of Appointment & Services) Regulations, 1952:
Name of Initial Date of Requisite Whether Names of
Candidate Appoint Appoint- essential Candidate Officers
ment/ ment/ qualifi- fulfill dealt with
Promo- Promo- cation essential the case
tion tion qualifi-
cation/
or not
Sh.S.K.Batra Foreman 08.10.57 Matric & Matric but Selection
Diploma in Technical file not
Automobile Qualifi- traceable
Engg. cation as per PLD
from a not letter No.
recognised fulfill. PLD-IV/
Tech. 202/89/
Institute. 7287 dt.
17.11.89
Sh.S.K.Batra A.E. 22.09.65 Degree in Not fulfill Selection
Mech.Engg. file not
or equiva- traceable
lent or as per PLD
Dip. in letter No.
Mech. or PLD-I(Misc
Automobile 89/7705
Engg. dt.7.12.89
Sh.S.K.Batra A.W.M. 01.10.73 Degree in Not fulfill Selection
Mech.Engg. file not
or equiva- traceable
lent as per PLD
letter No.
PLD-I(Misc
89/7705
dt.7.12.89
Sh.S.K.Batra W.M. 28.11.73 Degree in Not fulfill Shri T.D.
Mech. or Gupta,Ex.
Automo- Addl.GM(A)
bile Engg.
of a Re- Shri B.P.
cognised Gupta, Ex
University Sr.PO.
Sh.S.K.Batra Addl.CME14.10.88 Degree in Not fulfill Sh.P.Dutta
Mech. or GM.(HQ)
Automo- Shri V.K.
bile Engg Bhatia,
of a Re- COS&P
cognised Lt.Col.H.S
University Mathur,
Ex.GM(N).
(All DPC
Members)
Shri A.K.
Sharma,
GM(E)
Shri Rati
Ram,
(PLD-I)
Shri I.P.
Batra,
Sr.Clerk,
PLD
(All PLD
officer/
officials)
(ix) It is also added here that Shri P. Dutta, GM(HQ) in his written statement (para-2) stated that when the candidate ap- peared before his interview on the date of interview i.e. 13.10.88 he asked him about his qualification. Shri S.K.Batra stated that he had a diploma in UK and he cleared papers of Maths, conducted at Bombay by the Bombay Unit of the same Author- ity. But on the other hand, Shri S.K.Batra, in his written state- ment regarding his technical qualification stated that during his training period in UK Leyland in 1962 he applied for the Associate Membership of the Institute of Motor Industry, UK which finally he cleared in 1965 and the certificate was issued after completing the examination. He further stated that the final ‘C’ Section was cleared in Delhi and the examiner was Shri P.N.Rana, WM, DTC (now retired). Regarding his another qualification, he stated “that one certificate was issued to him in 1955 after passing two years correspondence course and the centre of exami- nation was in KARNAL(Haryana). It seems that both the statements (Shri P. Dutta and Shri S.K. Batra) are contradictory with each other, which raises another doubt that either he had appeared for any Technical examination or not.
(x) The certificates shown by Shri Batra to the DPC were not issued by a RECOGNISED UNIVERSITY, but all the members of each DPC even in the past had been committing the same mistake of not detecting this fact and Shri Batra also did not disclose this fact in the past, as such he has been cornering his all the promotions in the past from time to time. However, it is noticed that on previous all occasions, the Personnel Department has been putting up the case to the DTC Board upto the level of his promo- tions to the post of Works Manager for relaxation of educa- tional qualification, but this time such exercise was not done by the PLD, which has brought out this fact in picture now.
(xi) Further it is mentioned here that a complaint of same nature regarding unfair selection of the cadre of Works Manager was also received by PLD Section in April/May, 1984 after selection off Shri S.K.Batra as WM from various channel as i) Ministry of Shipping & Transport (Transport Wing), ii) Reminder from the said Ministry on the same complaint, iii) through Addl.CME-I, DTC, iv) from the office of Directorate Welfare SC/BC, Punjab (Chandi- garh), office of the Commissioner for SC/ST (MHA), R.K.Puram, New Delhi. The complainant at that there was one Shri R.S.Sand- ha, the then AWM, DTC, who is presently working as WM(Energy) in DTC. In his complaint, he alleged that the DTC Board/DPC regard- ing unfair selection of various officers included Shri S.K. Batra and Shri P.N.Zalpuri, that both the said officers were understood not holding any degree in Mechanical or Automobile Engg. even not possessing any diploma from any recognised uni- versity in Mech. or Automobile Engg. He also alleged that he had requisite qualification but was ignored the then PLD officers/DPC. On this, Mr.B.P.Gupta, the then Sr. PO-I vide PLD letter No.PLD-I(232)/84/13142 dated 17.8.84 replied the Ministry of Shipping & Transport that procedure adopted by PLD, DPC as well as DTC Board was accordingly. But he did not consider the very relevant issue about the unrecognised qualification of Shri S.K. Batra and Shri P.N.Zalpuri, the then both WMs. The then PLD Officers Shri T.D. Gupta, Addl.GM (A) and Shri B.P.Gupta, Sr. PO-I even did not bother to refer the said case to Vigilance Section where as the Vigilance angle in the complaint was clearly high-lighted, hence the mala fide intention of aforesaid officers cannot be ruled out.
However, DPC has right to choose the candidate on the line of suitability as stated by Shri V.K. zBhatia,SOS&) in his written statement but in my opinion the minimum basic qualifica- tion of the candidate must be considered if essential qualifi- cation is not fulfillled by a particular candidate. It appears in all the four promotion cases of Shri S.K. Batra, either DPC has not considered the principle of minimum basic qualification.
Further in my opining some criterion on the pattern which may be categorised as judicious while granting relaxation to the official/officers by the DTC Board my be fixed. As in instance case Shri S.K.Batra not fulfillled the minimum basic qualification required in all his four promotion cases but no was given relaxation from time to time.
From the fore-going discussions and perusal of the records, it is substantiated beyond doubt that the responsibility lies with PLD/DPC’s, who have dealt the various promotion cases right from Asstt.Engineer to Addl.CME as well as the initial appointment of Shri S.K.Batra as Foreman in DTC. However, if anybody can be held responsible for the lapses, he is Shri S.K.Batra himself who has gained his promotion at all stages by not disclosing his disqualification and committed the act of misrepresentation. As the relationship of employee and employer or to use the time honoured expression “Master and Servant” crises out of a contract express or implied. Contract being primarily the basis of such relationship, the condition of service will be regulated by the terms of contract, express or implied. A contract, the consent to which is induced by misrepresentation is voidable at the option of the deceived party. Misrepresentation means mist-state- ment of a fact, material to the contract. Section 18 of the Law of Contract defines the definition of misrepresentation as the positive assertion in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true.
2. Any breach of duty which without an intent to deceive gain an advantages to the person committing it, or anyone claiming under him, by misleading another to his prejudice or to the prejudice of anyone claiming under him.
3. Causing, however, innocently a party to an agreement to make a mistake as to the substance of the thing which is the subject matter of the agreement.
Sd/- 13.12.89
(N. GAUTAM)
DY. VIGILANCE OFFICER
34. The Chief Vigilance Officer had made the following note on the same date:-
“A perusal of the aforesaid facts, revealed during investiga- tion, I think, it was the duty of PLD to scrutinize the basic qualification, mandatory for enlistment of Mr.Batra as foreman and his subsequent promotions, and the some was not done in this case. However, keeping in view his long working and experience in DTC, the matter may be referred to DTC Board for consideration and such action as the Board deems proper.”
35. On the same date, 13.12.1989, the Secretary, DTC Board, placed the matter before the Board for consideration and decision. On the 15th of December, 1989, the Board, in its meeting, passed a resolution and the resolution reads as under:-
“The Board examined the report of the Chief Vigilance Officer of the Corporation and taking into account all facts, decided that the promotion of Shri S.K.Batra to the post of Addl. CME was given on a mistake of fact. The Board noted that Shri S.K. Batra lacked minimum essential prescribed educational and technical qualifications and resolved that Shri S.K.Batra be reverted to his earlier substantive rank of Works Manager.
The Board also decided that the concerned officers/officials of the Personnel Department be cautioned that papers/documents for Departmental Promotion Committee be prepared meticulously in future.
The Board resolved that further enquiry on the basis of the present report of Chief Vigilance Officer in this case be held as to how the various entries were made in the Service Book/Personnel File of Shri S.K.Batra and to what extent Shri S.K.Batra was responsible for the same.”
The Board had considered the matter and had reverted S.K.Batra to his substantial rank of Works Manager.
36. On the 25th of June, 1990, the Board passed the following resolution:-
“The Board accepted the Investigation Report as put up by the Vigilance Department of the Corporation and after perusal`direct- ed that fresh procedures/guidelines for maintaining the service books/records, etc. relating to personnel matters be devised and also the concerned officials of Personnel Department for this purpose be adequately trained.”
Thus, having regard to the entire facts, the Board had resolved to give adequate training to the personnel.
37. It would appear that on the 18th of January, 1992, the DTC had written to the Central Vigilance Commission. On the 24th of June, 1992, the Central Vigilance Commission wrote to the CMD/CVO, DTC in the following terms:-
“Sub: Departmental action against S/Shri A.K.Sharma, D.C.G.M.(P), I.P.Batra, Sr. Clerk and Rati Ram O.S. – DTC.”
……
DTC may please refer to their letter No.VS-III(1)/1286/500 dated 18.2.1992 on the above subject.
2. The matter has been examined in the Commission carefully. As regards Shri I.P. Batra, Sr. Clerk, it is observed that he initi- ated the note regarding selection of Shri S.K.Batra to the post of Addl. CME. He, in the note, did not point out the fact that Shri S.K. Batra, did not possess the requisite educational qualification and for not seeking or suggesting relaxation of the essential educational qualification, although precedent cases of similar nature were available in the same file. As such mala fide on his part cannot be ruled out. Similarly, Shri Rati Ram, OS has been found responsible on two specific counts. Firstly, for countersigning the re-endorsed entry in the service book of Shri S.K. Batra without bothering to check the validity of the educa- tional certificate submitted by Shri S.K. Batra. Besides, he also failed in his official duty by not pointing out that relaxation in educational qualification has to be obtained before submit- ting the case of Shri S.K. Batra for promotion to the grade Addl.CME to DPC. As regards Shri A.K. Sharma, the then SAO (now Dy.CGM (P), it is observed that he was primarily responsible for getting the entries re-endorsed in 1987 in the service book of Shri S.K.Batra without verifying/getting verified the status of the educational qualifications before attesting the said entries and also for submitting the proposal of promotion of Shri S.K.Batra for the post of Addl.CME without following the established procedure which was instrumental in the erroneous promotion of Shri S.K.Batra. For the lapses pointed out above, Commission I.P.Batra, Sr.Clerk, Rati Ram, OS, and A.K.Sharma, Dy. CGM (P), DTC. The Commission may be approached for nomination of a CDI at the appropriate stage, if oral inquiry becomes necessary in the case.
3. In view of the position explained by DTC, Commission would advise closure of the case against S/Shri B.L.Patni, Patni, LWO and P.K.Sachdeva, Jr.Clerk.
4. However, in the case of Shri Dharam Pal, OS, it is observed that he made the entries in the service book in 1976 without verifying the status of educational qualification. It seems that he was acting on the orders of his senior officer. Shri G.C. Katyal, who has since retired and that there was no set procedure in DTC regarding making entries in the service book at that time as claimed by him. In view of this Commission would advise issue of a non-recordable warning to Shri Dharam Pal which would meet the ends of justice.
5. Receipt of Commission’s advice/Department’s documents may be acknowledged. Action taken in pursuance of Commission’s advice may be intimated in due course.”
38. The Central Vigilance Commission had proceeded on the basis that there was an established procedure in DTC for submitting proposal for promotion and the petitioner was responsible for getting the entries re-endorsed in 1987 in the service book of S.K.Batra without verifying the status of educational qualifications and also for submitting the proposal for promo- tion.
39. On the 3rd of March, 1993, the charge-sheet was issued to the peti- tioner. The same reads as under:-
“Shri A.K. Sharma, Dy.CGM(IR) is required to explain as to why disciplinary action under Clause 15(2) of the D.R.T.A.(Conditions of Appointment & Service) Regulations, 1952 read with Section 4(e) of the Delhi Road Transport Laws (Amendment) Act, 1971 should not be taken against him for the following irregularities committed by him during the course of his employment in this Corporation:-
1. Shri A.K.Sharma, while working as Sr.Administrative Officer(PLD), Incharge of PLD Group-I, verified and got re-en- dorsed the entries in the service book of Shri S.K.Batra in regard to certificates of educational qualifications although the same were of non-recognised status. This fact was subsequently responsible for misguiding/misleading the senior officers as well as the members of DPC.
2. Shri Sharma, while working as Sr. A.O.(PLD) failed to proc- ess the case relating to promotion of Shri S.K.Batra to the post of Addl.CME, properly by not scrutinising non-recognised status of the educational qualification of Shri S.K.Batra; while forwarding the proposal to higher authorities for consideration of departmental candidates including Shri S.K. Batra, the then WM for promotion to the post of Addl.CME, Shri A.K. Sharma did not point out/detect the irregularity and placed the same before higher authorities/DPC. This resulted in the erroneous selection/promotion of Shri S.K.Batra, the then WM to the post of Addl.CME.
3. The above said acts on the part of Shri A.K. Sharma, DY. CGM(IR) are tantamount to misconduct within the meaning of paras 2(i), 19(f), 19(h) and 19(m) of the Standing Orders governing conduct of the employees of the Corporation.
Statement of imputation of misconduct on the basis of which articles of charges have been framed against him is enclosed herewith.
His past record will be taken into consideration at the time of taking final decision in the case.
If he desires to be heard in person, a request to that effect be made in his explanation.
His explanation should reach the undersigned within 10 days of the receipt of this charge sheet by him, in case he wishes to inspect any of the relevant documents of reliance available on record, he will be allowed to do so and for this purpose he should report to the undersigned within 24 hours of the receipt of this charge elect by him.
In the event of failure on the part of Shri A.K.Sharma to report to the undersigned for inspection of documents within 24 hours and thereafter to submit his explanation to the charge sheet within 10 days, it will be assumed that he does not wish to avail of the opportunity of inspection of documents and that he has no explanation to submit in response to this charge sheet and fur- ther action in the case will be taken on merits of the case in accordance with relevant rules.”
40. The statement of imputation reads as under:-
“Shri A.K. Sharma, while working as Sr. Administrative officer(PLD), In charge of PLD Group-I, after verification of original certificates brought by Shri S.K.Batra the then WM personally on 21.12.87 called Shri Parvesh Kumar Sachdeva, Jr.Clerk, PLD-I, dealing assistant, in his office and verbally directed him to re-endorse the entries in the service book of Shri S.K.Batra in respect of his educational qualifications in regard to the certificates (i) Diploma of Associate Membership(AMICE) from International Corporation of Engineers Incorporated Delawara United States of America issued in 1955 and (ii) Associate Membership Examination of the Institute of Motor Industry, and attested this re-endorsed entry on 21.12.87 without verifying the status of the certificates of educational quali- fications which were actually of non-recognised status.
While forwarding the proposal to higher authorities vide his minutes dated 6.10.88 for consideration of departmental candi- dates, including Shri S.K.Batra, the then WM, for promotion to the post of Addl.CME, he failed to scrutinize the relevant record and to point out the non-recognised status of the educational qualifications of Shri S.K.Batra as mentioned above. This resulted in the erroneous selection and promotion of Shri S.K.Batra the then WM to the post of Addl.CME vide memo No.PLD- I(712)/88/8194 dated 14.10.88 as modified vide memo No.PLD- I(712)/88/9032 dated 17.10.88.
The above said acts on the part of Shri A.K.Sharma, Dy.CGM(IR) are tantamount to misconduct within the meaning of paras 2(i), 19(f), 19(h) & 19(m) of the Standing Orders governing conduct of employees of the Corporation.”
41. The petitioner applied for inspection of documents and by order dated 20.9.1993 he was permitted to visit the office of the DTC for inspec- tion. The order dated 20.9.1993 reads as under:-
“Reference his application dated 4.3.93 in connection with charge sheet No.DC(HQ)/22/92/162 dated 3.3.93, Shri A.K.Sharma, Dy.CGM(IR) is hereby informed that his request for inspection of the following documents has been acceded to by the Chairman-cum- Managing Director. He is accordingly requested to visit this office for inspection of the same within 24 hours of the receipt of this memo by him and thereafter submit his explanation to the charge sheet within 10 days:
1) Service book of Shri S.K. Batra
2) Personal file of Shri S.K. Batra.
3) Selection file relating to the selection to the post of Addl.CME.
4) Selection file relating to the selection to the post of Works Managers.
As regards the documents mentioned at S. No. III of the list enclosed with his application referred to above, it is informed that no such office order/circular is traceable and that as per procedure/practice in vogue, entries in the Service Book are completed from time to time as per columns provided therein.”
42. On the 11th of February, 1994, the petitioner submitted his reply to the show-cause notice. The same reads as under:-
“With due respect, I wish to place the following for your favour- able consideration:-
“That the entire chargesheet as well as the statement of imputa- tion enclosed to it are merely some pieces of facts which have been lifted and distorted out of context so as to make them appear, in a devious manner, as charges, which exercise is bound to collapse under its own weight of inner contradictions.
I may further be permitted to submit that no office order or circular has been listed whose contravention I am charged with having been made. The charges, are therefore, liable to be dropped on this account itself.
I may further mention that no list of documents relied by the management in support of these patently false charges has been supplied along with list of witnesses through whom the management wishes to prove these charges has also been annexed with the chargesheet, thereby severely limiting my right to put up a proper and effective statement of defense. The chargesheet is, therefore, liable to be quashed/withdrawn for this account alone.
It is further submitted that though my ability to prepare a well reasoned and cogent statement of defense has been severely limit- ed due to the limitations referred to in above para, though through no fault of mine yet I attempt to submit the following for your considerations:-
CHARGE NO.1
“Shri A.K. Sharma, while working as Sr.Administrative officer(PLD), incharge of PLD Group-I, verified and got re- endorse the entries in the service book of Shri S.K.Batra in regard to certificates of educational qualifications although the same were of non-recognised status. This fact was subse- quently responsible for misguiding/misleading the senior officers as well as the members of DPC.”
REPLY
I would crave for your attention to the last para of Secretary, DTC Board’s letter No. DC(HQ)/22/92/787 dated 20.9.1993 (copy enclosed as Annexure ‘A’) and reproduced below:-
“As regards the document mentioned at S.No. III of the list enclosed with his application referred to above, it is informed that no such office order/circular is traceable and that as per procedure/practice in vogue, entries in the Service Book are completed from time to time as per column provided therein.”
The Secretary, DTC Board has himself stated that there is no office order/circular on this subject. Therefore, the charge stands demolished on this account alone. However, based on my memory, the facts in seriatim in this respect are as follows:-
That some time kin the month of December, 1987 Shri S.K.Batra, ex- Works Manager, came to me along with an application addressed to the then GM(HQ) – Incharge of Personnel Department that the entries in respect of his qualification on the first page of his service book were barely legible and re-endorsement may, therefore, be made. The then GM(HQ), it appears had after marking the paper to me, handed it over to Shri Batra himself. Office Superintendent(P), Shri Rati Ram was handed over this paper by me along with the originals of the certificates handed over by Shri Batra, who after some time brought the service book along with fresh en- tries, the earlier entries being in a faded condition and bearing the signatures of Shri Pravesh Sachdeva, Jr. Clerk, assigned with the duties of the maintenance of service books of officers and countersigned by OS(P) Shri Rati Ram himself. Since the entries were already there though in a faded manner, and there was no reason to doubt the authenticity of the documents produced by Shri Batra, after comparing the documents with the entries made, I signed on the first page of the service book and the origi- nal certificates were returned to Shri Batra.
I was surprised to find that this application of Shri Batra was not available in his personal file during inspection.
The charge levelled against me is that I re-endorsed the entries. It means that they were already there and the only thing I did was to attest the entries once more after the entries were made by the dealing clerk and countersigned by the OS. In so far as the question pertaining to those being of non-recognised status is concerned, the Secretary, DTC Board’s letter dated 20.9.1993 mentioned already, clearly states that there were no guidelines, rules or procedure which could debar entries of such nature’s certificates.
The question of being subsequently responsible for misguiding/mis- leading the senior officers as well as the members of DPC is concerned, does not arise, for the reason that all candidates are required to produce their certificates before the DPC which interviews the candidates for promotion and the members in DPC verifies the certificates personally. My averments in reply to Charge No. 2 may also please be seen.
In light of above, Charge No.1 does not stand any prudent scrutiny and stands disproved.
CHARGE No. 2:
“Shri Sharma, while working as Sr.A.O.(PLD) failed to process the case relating to promotion of Shri S.K.Batra to the post of Addl.CME properly by not scrutinising the relevant records and detecting/pointing out the non-recognised status of the educa- tional qualification of Shri S.K. Batra. While forwarding the proposal to higher authorities for consideration of departmental candidates including Shri S.K. Batra, the then WM, for promo- tion to the post of Addl.CME, Shri A.K. Sharma did not point out/detect the irregularity and placed the same before higher authorities/DPC. This resulted in the erroneous selection/promo- tion of Shri S.K.Batra, the then WM, to the post of Addl.CME.”
Reply:
It seems to have the following ingredients:-
(i) Shri Sharma, while working as Sr. A.O. (PLD) failed to process the case relating to promotion of Shri S.K. Batra to the post of Addl.CME properly by not scrutinising the relevant records and directing/pointing out the non-recognised status of the educational qualification of Shri S.K.Batra.
(ii) While forwarding the proposal to higher authorities for consideration of departmental candidates including Shri S.K. Batra, the then WM, for promotion to the post of Addl.CME, Shri A.K.Sharma did not point out/detect the irregularity and placed the same before higher authorities/DPC.
(iii) This resulted in the erroneous selection/promotion of Shri S.K.Batra, the then WM, to the post of Addl.CME.
The factual position vis-a-vis these ingredients is as under :-
A perusal of the page 107/Ntg of the Selection File of the post of Addl.C.M.E. shows that the Dealing Assistant on 6.10.88 submitted a note that one post of Addl.C.M.E. has fallen vacant and the recruitment rules for the post of Addl.CME were duly flagged and essential ingredients of the same were reproduced in the note. Thus, this portion of the note is reproduced below:-
ESSENTIAL:
i) Degree in Mechanical or Automobile Engineering of a recog- nised university or equivalent.
ii) 8 years experience in a responsible capacity in an automo- bile workshop or repute engaged in maintenance and repair.
iii) Two years administrative experience in a Road Transport undertaking including preparation of standard estimates and maintenance schedules.
(Qualifications relaxable in case of candidates otherwise well quali- fied.)
It is further mentioned “that the post can be filled in by promotion or transfer on deputation including short-term contract from State Transport Undertaking Public Transport Corporation or by direct Recruit- ment. The vacancy in the post of Addl.CME is also temporary and till 4.9.1990 while seeking legal opinion in the case of CME, on temporary basis.
PROMOTION :
‘From amongst those in the grade of Rs.1100-1600 who have satis- factorily completed at least one year service in the grade.
The office note also enclosed a bio-data of the first 3 senior most departmental candidates who were in the grade of Rs.1100-1600.
The note was verified by the Office Superintendent Incharge, PLD, Group-I on 6.10.1988 itself and file was submitted to me in my capacity as Sr.A.O.(PLD).
A perusal of the Recruitment Rules clearly shows that Degree in Mech. or Automobile Engg. was an Essential Qualification but the same were relaxable in case of candidates otherwise well qualified and further that promotion can only be made from amongst those in the grade of Rs.1100-1600.
Reading the essential qualification as listed in the Recruitment Rules at Item No.6 and the Method of Recruitment at Item No.9 together can lead to only one obvious conclusion that all the departmental candidates in the pay scale of Rs.1100-1600 can be considered for the post and the condition of educational qualifications though being applicable to the departmental candidates was certainly relaxable in case of candidates otherwise well qualified.
The office note was signed by me on 7.10.88 and the file was submitted to GM(HQ) (Head of Personnel Deptt.) who submitted the same to CMD. The Chairman-cum-MD vide his minutes dated 7.10.88 itself constituted a Selec- tion Committee comprising of the (i) Lt. Col. H.S. Mathur; GM(N); (ii) V.K. Bhatia, CME and P. Dutta GM(HQ),
A meeting of the DPC was fixed for 13.10.88 and the 3 candidates were requested to bring along with them the originals of all the certificates and testimonials that they may be having in support of their qualifications and experience.
A brief note for information of the DPC was submitted under my signatures stating that 3 seniormost departmental candidates have been called for interview and a statement showing their Bio-Data and copy of the recruitment rules for the post of Addl. CME were annexed with the note and the same was handed over to all the members of the DPC.
A glance through the brief-note of the statement showing the particu- lars of departmental candidates, it nowhere shows that Shri Batra was shown as possessing the required qualifications.
It merely stated that he was among the 3 seniormost candidates and whatsoever qualifications were there in its possession, namely, AMIC(USA), Section A & B was reproduced. One of the members of DPC in his own hand inserted qualification ‘Diploma in Automobile’ in the column pertaining to qualifications, the hand-writing appears to be that of Shri P.Dutta, the then GM(HQ). He had no authority to make additions/interpreta- tions in the statements signed by me/my office. The minutes of the DPC are reproduced below as under:-
“The DPC consisting of General Manager(N), General Manager(Hqrs) and Chief Mech.Engineer met in the office of the General Manag- er(HQ) on 13.10.1988 and interviewed the following three depart- mental candidates:-
1. Shri R.K.Wadhwa, Trg.Offr.
2. Shri S.K.Batra, WM
3. Shri G.C.Dubey, WM
Keeping in view the bio-data, ACRs and performance in the interview, the Committee unanimously recommends Shri S.K. Batra, Works Manager for promotion to the post of Addl.Chief Mech.Engineer.”
Sd/- Sd/- Sd/-
13.10.88 13.10.88 13.10.88
(V.K.BHATIA) (P. DUTTA) (H.S.MATHUR)
CMD
Sd/-
CMD 14.10.88
On going through the minutes of DPC, it is clear that DPC came to a unanimous view that Shri Batra was fit for promotion to the post of Addl.CME.
The office had not declared the eligibility of Shri Batra.
In case DPC had any doubt about the qualifications of Shri Batra, it was incumbent upon the DPC to point out the same in their recommendations and if they have still doubt, they could have recommended for relaxation of educational qualifications in his favour which was permissible under the recruitment rules. The DPC it appears was hell-bent on promoting him as submitted earlier Shri P.Dutta (Head of Personnel Deptt.) made addi- tions/interpretations in the bio-data records and did not point out Shri Batra not possessing qualification or for granting exemption of the same in his favour.
It appears that on a subsequent date, it was pointed out that the qualifications possessed by Shri Batra are not recognised and the file was submitted to the then CMD to revert Shri Batra to his substantive post of Works Manager. The then CMD on 13.10.89 recorded the following note:-
“I have gone through the observations of PLD including the observation of GM(Admn.) at above in the complaint case regarding fictitious certificates submitted by Shri Batra, Addl.CME for- warded by the Director, Directorate of Transport and Tourism, Delhi Administration.
My observations are as under :-
a) Shri S.K. Batra, Works Manager was promoted to the post of Addl.CME on 14.10.88 on the unanimous recommendation of a Depart- mental Promotion Committee consisting of CME, GM(HQ) and GM(North) held on 13.10.88 on the basis of his bio-data, ACR and performance in the interview.
b) Shri Batra continued to function as Addl.CME and the Progress Reports during officiating period are “above average”.
c) On examination it is revealed that though the members of DPC clearly observed that qualification of Mr.Batra is Diploma in Automobile Engg. it did not recommend to place the matter before DTC Board to seek relaxation in qualification as was done in the case of Shri I.R.Kakkar, Ex-COS&P who was promoted to the post of COS&P after relaxation of the condition of educational quali- fication prescribed in the recruitment rules vide resolution No.143/84, item No.103/84 dated 4.8.84. This omission on the part of DPC, I feel, was an error. Shri S.K.Batra, the concerned officer who was promoted on the recommendation of the DPC cannot be held responsible for any lapse, especially when at no stage he made any false claim regarding his qualifications.
In view of the above observations, there are only two courses open which are:
i) To revert the officer to his substantive post of Works Manager or,
ii) Allow him to cross his officiating period satisfactorily in view of his “above average” performance during the officiating period and then place the matter before DTC Board for seeking ex post facto approval.
Since it will be unfair to revert an employee even after receipt of “above average” performance during the officiating period on a higher scale and also that the officer cannot be held responsible for the lapse which was on the part of management, I allow Shri S.K.Batra, Addl.CME to cross his officiating period satisfactorily and direct that the matter be placed before the DTC Board in its next meeting for seeking ex post facto approval regarding relaxation in qualification to the extent required.”
Sd/-
(S.C. VAISH)
CHAIRMAN-CUM-M.D.
13.10.1989
G.M.(A)
Pl. do the needful. Sd/-
GM(A) 13.10.89
The above note of CMD clearly lays down that the DPC did not recommend to place the matter before the DTC Board to seek relaxation in qualifica- tion. It further states that this action on the part of the DPC accordingly to the CMD was an error. Nowhere in his observations/orders, the CMD blamed any officer of the Personnel Department including me.
The Charge, therefore, stands disproved.
REPLY TO STATEMENT OF IMPUTATION OF MISCONDUCT ON THE BASIS OF WHICH ARTI- CLES OF CHARGES HAVE BEEN FRAMED AGAINST SHRI A.K. SHARMA, DY. C.G. M. (IR) ENCLOSED WITH THE CHARGESHEET.
I would crave for your attention to the last para of Secretary, DTC Board’s letter No.DC(HQ)/22/92/767 DATED 20.9.1993 (Copy enclosed as Annex- ure ‘A’) and reproduced below:-
“As regards the documents mentioned at S.No. III of the list enclosed with his application referred to above, it is informed that no such office order/circular is traceable and that as per procedure/practice in vogue, entries in the Service Book are completed from time to time as per columns provided therein.”
The Secretary, DTC Board has himself stated that there is no office order/circular on this subject. Therefore, the charge stands demolished on this account alone. However, based on my memory, the facts in seriatim in this respect are as follows:-
That some time in the month of December, 1987, Shri S.K.Batra, ex- Works Manager, came to me along with an application addressed to the then G.M.(HQ)-Incharge of Personnel Department that the entries in respect of his qualification on the first page of his service book were barely legi- ble and re-endorsement may, therefore, be made. The then GM(HQ), it appears had after marking the paper to me, handed it over to Shri Batra himself. Office Superintendent (P), Shri Rati Ram was handed over this paper by me along with the originals of the certificates handed over by Shri Batra, who after some time brought the service book along with fresh entries, the earlier entries being in a faded condition and bearing the signatures of Shri Parvesh Sachdeva, Jr.Clerk, assigned with the duties of the maintenance of service books of officers and coun- ter-signed by OS(P), Shri Rati Ram, himself. Since the entries were already there though in a faded manner, and there was no reason to doubt the authenticity of the documents produced by Shri Batra, after comparing the documents with the entries made, I signed on the first page of the service book and the original certificates were returned to Shri Batra.
I was surprised to find that this application of Shri Batra was not available in his personal file during inspection.
The charge levelled against me is that I re-endorsed the entries. It means that they were already there and the only thing I did was to attest the entries once more after the entries were made by the dealing clerk and countersigned by the OS. In so far as the question pertaining to those being of non-recognised status is concerned, the Secretary, DTC Board’s letter dated 20.9.1993 mentioned already, clearly states that there were no guidelies, rules or procedure which could debar entries of such nature’s certificates.
The question of being subsequently responsible for misguiding/mislead- ing the senior officers as well as the members of DPC is concerned, does not arise, for the reason that all candidates are required to produce their certificates before the DPC which interviews the candidates for promotion and the members of DPC verifies the certificates personally.
A perusal of the page 107/Ntg. of the Selection File of the post of Addl.CME shows that the Dealing Assistant on 6.10.88 submitted a note that one post of Addl.CME has fallen vacant and the recruitment rules for the post of ADdl.CME were duly flagged and essential ingredients of the same were reproduced in the note. Thus, this portion of the note is reproduced below:-
ESSENTIAL:
i) Degree in Mechanical or Automobile Engineering of a recog- nised university or equivalent.
ii) 8 years experience in a responsible capacity in an automo- bile workshop or repute engaged in maintenance and repair.
iii) Two years administrative experience in a Road Transport undertaking including preparation of standard estimates and maintenance schedules.
(Qualifications relaxable in case of candidates otherwise well qualified.)
It is further mentioned “that the post can be filled in by promo- tion or transfer on deputation including short-term contract from State Transport Undertaking Public Transport Corporation or by direct Recruitment. The vacancy in the post of Addl.CME is also temporary and till 4.9.1990 while seeking legal opinion in the case of CME, on temporary basis.
PROMOTION:
‘From amongst those in the grade of Rs.1100-1600 who have satis- factorily completed at least one year service in the grade.’
The office note also enclosed a bio-data of the first 3 senior most departmental candidates who were in the grade of Rs.1100- 1600.
The note was verified by the Office Superintendent Incharge, PLD, Group-I on 6.10.1988 itself and file was submitted to me in my capacity as Sr.A.O.(PLD).
A perusal of the Recruitment Rules clearly shows that Degree in Mech. or Automobile Engg. was an Essential Qualification but the same were relaxable in case of candidates otherwise well qualified and further that promotion can only be made from amongst those in the grade of Rs.1100-1600.
Reading the essential qualification as listed in the Recruitment Rules at Item No.6 and the Method of Recruitment at Item No.9 together can lead to only one obvious conclusion that all the departmental candidates in the pay scale of Rs.1100-1600 can be considered for the post and the condition of educational qualifications though being applicable to the departmental candidates was certainly relaxable in case of candidates otherwise well qualified.
The office note was signed by me on 7.10.88 and the file was submitted to GM(HQ) (Head of Personnel Deptt.) who submitted the same to CMD. The Chairman-cum-MD vide his minutes dated 7.10.88 itself constituted a Selec- tion Committee comprising of the (i) Lt.Col. H.S.Mathur; GM(N); (ii) V.K.Bhatia, CME and P.Dutta GM(HQ),
A meeting of the DPC was fixed for 13.10.88 and the 3 candidates were requested to bring along with them the originals of all the certificates and testimonials that they may be having in support of their qualifica- tions and experience.
A brief note for information of the DPC was submitted under my signatures stating that 3 seniormost departmental candidates have been called for interview and a statement showing their Bio-Data and copy of the recruitment rules for the post of Addl.CME were annexed with the note and the same was handed over to all the members of the DPC.
A glance through the brief-note of the statement showing the particu- lars of departmental candidates, it nowhere shows that Shri Batra was shown as possessing the required qualifications. It merely stated that he was among the 3 seniormost candidates and whatsoever qualifications were there in its possession, namely, AMIC(USA), Section A & B was reproduced. One of the members of DPC in his own hand inserted qualification ‘Diplo- ma in Automobile’ in the column pertaining to qualifications, the hand- writing appears to be that of Shri P.Dutta, the then GM(HQ). He had no authority to make additions/interpretations in the statements signed by me/my office. The minutes of the DPC are reproduced below as under:-
“The DPC consisting of General Manager(N), General Manager(Hqrs) and Chief Mech.Engineer met in the office of the General Manag- er(HQ) on 13.10.1988 and interviewed the following three depart- mental candidates:-
1. Shri R.K.Wadhwa, Trg.Offr.
2. Shri S.K.Batra, WM
3. Shri G.C.Dubey, WM
Keeping in view the bio-data, ACRs and performance in the interview, the Committee unanimously recommends Shri S.K.Batra, Works Manager for promotion to the post of Addl.Chief Mech.Engineer.”
Sd/- Sd/- Sd/-
13.10.88 13.10.88 13.10.88
(V.K.BHATIA) (P.DUTTA) (H.S.MATHUR)
CMD
Sd/-
CMD 14.10.88
On going through the minutes of DPC, it is clear that DPC came to a unanimous view that Shri Batra was fit for promotion to the post of Addl.CME.
The office had not declared the eligibility of Shri Batra.
In case DPC had any doubt about the qualifications of Shri Batra, it was incumbent upon the DPC to point out the same in their recommendations and if they have still doubt, they could have recommended for relaxation of educational qualifications in his favour which was permissible under the recruitment rules. The DPC it appears was hell-bent on promoting him as submitted earli- er Shri P.Dutta (Head of Personnel Deptt.) made additions/inter- pretations in the bio-data records and did not point out Shri Batra not possessing qualification or for granting exemption of the same in his favour.
It appears that on a subsequent date, it was pointed out that the qualifications possessed by Shri Batra are not recognised and the file was submitted to the then CMD to revert Shri Batra to his substantive post of Works Manager. The then CMD on 13.10.89 recorded the following note:-
“I have gone through the observations of PLD including the observation of GM(Admn.) at above in the complaint case regarding fictitious certificates submitted by Shri Batra, Addl.CME for- warded by the Director, Directorate of Transport and Tourism, Delhi Administration.
My observations are as under:-
a) Shri S.K.Batra, Works Manager was promoted to the post of Addl.CME on 14.10.88 on the unanimous recommendation of a De- partmental Promotion Committee consisting of CME, GM(HQ) and GM(North) held on 13.10.88 on the basis of his bio-data, ACR and performance in the interview.
b) Shri Batra continued to function as Addl.CME and the Progress Reports during officiating period are “above average”.
c) On examination it is revealed that though the members of DPC clearly observed that qualification of Mr.Batra is Diploma in Automobile Engg. it did not recommend to place the matter before DTC Board to seek relaxation in qualification as was done in the case of Shri I.R.Kakkar, Ex-COS&P who was promoted to the post of COS&P after relaxation of the condition of educational quali- fication prescribed in the recruitment rules vide resolution No.143/84, item No.103/84 dated 4.8.84. This omission on the part of DPC, I feel, was an error. Shri S.K.Batra, the concerned officer who was promoted on the recommendation of the DPC cannot be held responsible for any lapse, especially when at no stage he made any false claim regarding his qualifications.
In view of the above observations, there are only two courses open which are:
i) To revert the officer to his substantive post of Works Manager or,
ii) Allow him to cross his officiating period satisfactorily in view of his “above average” performance during the officiating period and then place the matter before DTC Board for seeking ex post facto approval.
Since it will be unfair to revert an employee even after receipt of “above average” performance during the officiating period on a higher scale and also that the officer cannot be held responsi- ble for the lapse which was on the part of management, I allow Shri S.K.Batra, Addl.CME to cross his officiating period satis- factorily and direct that the matter be placed before the DTC Board in its next meeting for seeking ex post facto approval regarding relaxation in qualification to the extent required.”
Sd/-
(S.C.VAISH)
CHAIRMAN-CUM-M.D.
13.10.1989
G.M.(A)
Pl. do the needful.
Sd/-
GM(A) 13.10.89
A.O.
The above note of CMD clearly lays down that the DPC did not recommend to place the matter before the DTC Board to seek relax- ation in qualification. It further states that this action on the part of the DPC accordingly to the CMD was an error. Nowhere in his observations/orders, the CMD blamed any officer of the Personnel Department including me.
To appreciate my stand, it is necessary to reproduce relevant paras:-
Para 2(i):
“All the employees of the authority shall perform such duties and carry out such functions as may be entrusted to them by the Authority or the General Manager or any other authorised Officer of the Authority.”
Para 19(f):
“Habitual breach of any rules, law, instructions or orders etc. applicable to the employees of the Authority.”
Para 19(h):
“Habitual negligence of duties and lack of interest in the Authority’s work.”
Para 19(m):
“Any other activity not specifically covered above, but which is prima facie detrimental, to the interests of the organisation.”
Reading the above, it is clear that:-
(i) I performed my duties and carried out functions entrusted to me and I am not charged with non-performance which is required under Para 2 (i), therefore, the misconduct under Para 2(i) does not lie.
(ii) Nowhere it has been alleged that I have habitually breached any rules, law, instructions, orders etc. applicable to the employees of the authority. The letter of Secretary, DTC Board dated 20.9.1993 is specifically referred to. Therefore, there is no misconduct on my part on this count as well, i.e. under para 19(f).
(iii) I am not charged with habitual negligence of, duties and lack of interest in the Authority’s work and I always discharged my responsibilities in good faith and always took full interest to the best of my ability in the interest of the work of the Corporation. Therefore, the said para 19(h) of misconduct does not apply.
(iv) This para 19(m) being general clauses, and my averments that I have always discharged my duties in a bonafide manner lead to only conclusion that there is no misconduct on my part which could be covered under this para, i.e. 19(m) also.
No copy of past record having been annexed with the charge-sheet, I am unable to submit any statement of this account and there- fore, can only submit that taking into consideration all the facts, the charges levelled against me can only merit dropping.
In the end, I would submit that after going through the reply submitted hereinabove, the only logical conclusion that would be drawn is that I have unnecessarily been proceeded with by way of this charge-sheet because somewhere attempts have been made to hide the real culprits, ie.e the members of DPC S/Sh.(Col.) H.S.Mathur, P.Dutta and V.K.Bhatia, against whom the then CMD has given specific observations that it was an error on the part of the DPC.
In view of the above, I submit to your goodself to drop the charges levelled against me vide Charge-sheet No.DC(HQ)/22/92/163 dated 3.3.1993 and exonerate me. In the event, it is found de- sirable, I may be given a personal hearing.
Submitted please.”
Thereupon, there was an inquiry on the 3rd of April, 1995 by the Commission for departmental inquiry.
43. On the 3rd of April, 1995, Mr.N.Gauttam, Deputy Vigilance Officer was examined and his witness is as follows:-
Examination-in-Chief
I conducted the Inquiry in the promotion case of Shri S.K. Batra, to the post of Addl.C.M.E. during 1988 promotion is 1988 and the Inquiry was conducted in 1989. The issue was that Shri S.K. Batra was having unrecognised qualification and he was promoted as Addl.CME in 1988. The case was put up by Personnel Deptt. for his promotion. During the course of my investigation I found that Shri S.K. Batra was simply Matric and not having any technical qualification. The qualifications endorsed in his service book were unrecognised as pe Government list. This qualifications were endorsed first time in 1976 but were not attested by any Officer. Again in 1987, when the promotion case for additional CME was in process, Shri S.K.Batra approached Shri A.K. Sharma, the then Sr. A.O. for re-endorsed his qualification in his service book Shri A.K. Sharma directed Shri Pravesh, Jr.Clerk, to re-endorsed the unrecognised qualification and later on these attested by Shri A.K. Sharma. The relevant records as well as service book of the individual along with other candidates were put up before the DPC for the promotion of the post of Addl.CME. This qualification having with Shri S.K.Batra were not recognised as per Government list issued by the Department of Education, M/o Human Resource. In this connection, Technical Adviser of Education, Government of India has also issued a certificate in regard to the qualifi- cation of Shri S.K.Batra that this qualification are not recog- nised for the employment of Government job. In my opinion, it was the duty of the Personnel Deptt. before re-endorsement of any technical qualification in some service book, the Government list must be consulted. But in present case the Government list was not consulted in this case.
At the time of putting the case before DPC, a statement showing particulars as well as technical qualification etc. were pre- pared by the Personnel Deptt. of Shri S.K. Batra including other members for the post of Addl.CME. Again this time, the Personnel Deptt. did not consult. The Government list and men- tioned as A.M.I.E. the qualification against the name of Shri S.K.Batra, were as Shri S.K. Batra was possessing the certificate of unrecognised qualification from U.S. Delware University as A.M.I.C. Later on some cutting were done in the statement and the column of qualification by Personnel Deptt. and was corrected as A.M.I.C. Due to this cutting and over writing, members of DPC were mislead and Shri S.K.Batra was promoted.
Cross-Examination
On perusal of Ex.S-5, Vol.9, it is seen that report available from page 1 to 11 was prepared by me and is correct.
Q. Is it true that whatever you have stated here is based on report dt.13.12.89?
Ans. No, this report quoted by Shri A.K.Sharma in his query was based on the particular issue that whether Shri S.K.Batra was having requisite qualification for the post of Addl.CME or other- wise. After investigating above query the report was placed before DTC Board along with Agenda Note. The DTC Board after seen the report reverted Shri S.K.Batra from the post of Addl.CME to the post of Works Manager. In their observation the DTC Board also raised a query for detecting the names of Officer/Officials who dealt with case and those were responsible. Further Investi- gation was carried out and it was found that Shri A.K.Sharma, the then Sr.A.O. of Incharge of Personnel Deptt. was prime responsi- ble for two irregularities.
1. Attestation of unrecognised qualification.
2. Putting the case before DPC of Shri S.K.Batra who was not having requisite qualification. It is a fact that Shri A.K.Shar- ma, the then Sr.A.O. was not member of DPC in this case.
Re-Examination
Nil.”
44. One of the members of the DPC, Mr.P.Dutta, was examined. His deposi- tion is as under:-
“Examination-in-Chief
I was member of DPC during 1988 where in the name of Shri S.K.Batra, figured for the consideration to the post of Addl.CME. The Personnel Deptt. formats regarding particulars of the candi- dates in three copies and were supplied to the Members of the DPC. In that format all the requisite formation were filled up by the Personnel Deptt. except the column of remarks. In the column of qualification of Shri S.K. Batra some portion of the technical qualification was not clear. When the candidate appeared for interview, he was asked about his technical qualification. On his claim that his qualification was being equivalent to Diploma in Engineering and endorsement to this effect was made by me under selection paper. Later I got this confirmed from the Head of the Engineering Deptt. who was also a member of the Selection Commit- tee and before concluding the assessment from Shri A.K.Sharma, who was getting the interview being conducted. The Personnel Deptt. prepared the qualification documents and we made selec- tion in the DPC of the candidates on the basis of the performance in the DPC and his ACRs.
Q. What was your opinion with respect to the certificate produced by Shri S.K.Batra for claiming the requisite qualification for the post of Addl.CME?
Ans. No, I was not satisfied and therefore I made inquiries about the validity of the certificate from the candidate himself and from the Head of the Technical Deptt. (Lt.Col.H.S.Mathur, Retd.) and Shri A.K.Sharma. They explained that the certificate pro- duced by Shri Batra was equivalent to Diploma in Automobile Engineering. I had no doubt, on their version that Shri Batra was getting promotion in the past on the basis of the certificate quoted in the selection paper.
It is the job of the Personnel Deptt. to verify/authenticate the documents certificates produced by the candidate for the purpose of holding the DPC.
Cross-Examination
I was working as Head of the Traffic Deptt. I was also asked to look after personnel Admn. Deptt. in addition to my work. The Personnel Admn. I was assisted by Shri A.K.Sharma and other officers which were on records of Admn. Note on page 107 N.Volume 1 of Ex.S-1 was moved by Shri A.K.Sharma and was sent to Chair- man-cum-Managing Director through me. The qualification stated to me by Shri Batra and others mentioned earlier was Diploma in Engineering.
Q. Whether you made any note in the DPC Minutes that you call A.K.Sharma and verified about the status of qualification of Shri S.K.Batra?
Ans. It was a practice that the Selection Committee Minutes was got prepared by the Officer of the Personnel Deptt. who was getting the interview conducted and in this particular case Shri A.K. Sharma got the DPC Minutes prepared and signed by the Mem- bers of the DPC.
Q. Is it correct to that after recording of DPC Minutes you first went through the Minutes and then signed?
Ans. I have already clarified that the practice was the Personnel Deptt. Officer responsible for conducting DPC prepared the Selec- tion Committee Minutes apparently keeping in view that it does not suffer from any infirmity I read the minutes before signing. The Officer of Personnel Deptt. was sure that all the requisite material must have been incorporated to make said minutes.
Re-Examination
Nil.”
This witness had stated that he had doubts about the validity of certificates produced by S.K.Batra and he inquired from Lt.Col.H.S.Mathur and the petitioner. When he had doubted the certificates produced by S.K.Batra how the members of the DPC agreed for S.K.Batra being selected has not been explained.
45. Mr.V.K. Bhatia, one of the members of the DPC, under whom S.K.Batra was working, gave his evidence and the same is as under:-
“Examination in Chief
I confirm Ex.8-11 and the content thereof.
Cross-Examination
Q. Whether during the DPC Meeting status of qualification of Shri S.K.Batra was discussed.
Ans. The bio data sheet prepared by Personnel Deptt. contained information about educational qualification of Shri S.K. Batra. Other details relevant to the selection were discussed by the members of DPC.
Q. Is it correct that after discussion DPC found that Shri Batra was having Diploma in Engineering?
Ans. The Selection Committee only decides suitability of candi- date called for the interview and eligibility of the candidate called for the interview and eligibility of the candidate is decided by the Personnel Deptt. There are number of instances where Personnel Deptt. had got qualification relaxed of candidate who was found suitable by the DPC. It is further added that Selection Committee had interviewed Departmental candidate for promotion of Committee had interviewed Departmental candidate for promotion of WM on the same day i.e.13.10.88 and if I recollect Personnel Deptt. put up the case of candidate declared suitable by DPC for promotion but not meeting laid down require- ments of qualification to the competent authority for relaxation. And the instant case the statement of candidate signed by me for the post of Addl.CME indicate Diploma in Automobile in case of Shri Batra.
Q. Can you tell me who was the Head of Deptt. at the relevant time?
Ans. I do not remember.
Re-Examination
Q. You have been a member to so many DPCs while in DTC, do you recollect any case wherein you recommended for relaxation in qualification or otherwise to the DTC Board before promotion of particular person?
A. I do not recollect any instance where Selection Committee had gone into eligibility of candidate found suitable action for relaxation of qualification/experience from competent authority, as the case may be, after the candidate is declared suitable by the DPC.”
This witness does not say that any members of the DPC asked for any clarifications about the validity of the certificates of S.K.Batra.
46. Mr.Pravesh Kumar Sachdeva, Junior Clerk, was examined on the same date and he would state:-
Examination-in-Chief
I confirm Ex.S-12, content thereof.
Cross-Examination
I was called in the office of Sr.A.O. Shri A.K.Sharma, and was asked to may re-endorsement of educational qualification of Shri S.K.Batra recorded on his service book after the word Matric. I do not know who had written the word “extend of A.M.I.C.(USA) Section A.N.B. of Motor Industry(UK)”. I re-endorsed this thing after varify with the original certificate(A.M.I.C.).
Re-Examination
Nil.”
47. The inquiry officer recorded the statement of the petitioner on the same date, which is as under:-
“Shri Batra certificate was seen by me and also checked by Shri Sachdeva, Jr.Clerk and Rati Ram O.S. before the re-endorsement was made. In the column of education qualification endorsement after Matric was already there. This fact has also been con- firmed by Presenting Officer.
When a case is put up for promotion entries formed the service book are seen and no original certificate is seen by the office. The certificate are produced by the individual and seen by the DPC. In this case the certificate of Shri Batra were seen by the DPC and they found that he was only Diploma but still they recommended him for promotion.”
48. On the basis of this evidence, the Inquiry Officer had submitted his report on the 30th of August, 1995.
49. The Inquiry Officer had stated:-
Their Education qualifications were mentioned by the charged officer as follows:
1. Sh.R.K.Wadhwa, - Diploma in Mech.
Engg.Section A&B
of AMIE.
2. Sh.S.K.Batra, - AMIC(USA)
Section A&B
Diploma in
Automobile
3. Sh.G.C.Dubey, - B.A.
50. Mr. P. Dutta, one of the members of the DPC had stated:-
“When the candidate appeared for interview, he was asked about his technical qualifications. On his claim that his qualification was being equivalent to Diploma in Engineering, and endorsement to this effect was made by me under selection paper. Later I got this confirmed from the Head of Engineering Department, who was also a member of the Selection Committee.”
Therefore, the conclusion by the Inquiry Officer that the educational qualifications of S.K .Batra were noted by the petitioner is not correct.
51. It is noted by the Inquiry Officer that on the 21st of December, 1987, the petitioner endorsed the educational qualification in the Service Book of S.K.Batra. The view is absolutely baseless because that has absolutely no relevance to the selection. The petitioner at that time was not Head of the Department and the officer concerned must have checked up the Service Book whether the entries made therein were correct or not. Just for the purpose of sustaining an action this had been included in the charge-sheet without any basis whatsoever.
52. The Inquiry Officer has concluded:
“The contention of the charged officer is not tenable as it was his duty to ensure the genuineness of the certificates possessed by Shri Batra. Irrespective of whether he was promoted earlier on the basis of some certificates. Failure to do so, resulted in misleading the members of the DPC.
Therefore, in view of the facts stated above, this part of the charge is established.”
This view is obviously wrong.
53. In the counter, it is fairly stated:
“It is, however, a fact that the genuineness of the certificates was never the issue till the promotion of S.K.Batra to the post of Works Manager.”
Therefore, the whole basis of Inquiry Report falls to the ground.
54. The Inquiry Officer has further stated:
“The charged officer in his general examination stated that when a case is put up for promotion entries from the Service Book are seen and no original certificate is seen by the office. The certificates are produced by the individual and seen by the DPC. In this case the certificates of Shri Batra were seen by the DPC and they found that he was only Diploma but still they recommend- ed him for promotion.
The contention of the charged officer is not tenable. As the promotion to the post of Addl.CME was from among the promotes, it was the duty of the charged officer to scrutinise and short list the eligible candidates with regard to the possession of their technical qualification with regard to the Government list before putting up the case to the DPC and also to ensure that the tech- nical qualifications possessed by the candidates conform to the recruitment rules. Omission on the part of the charged officer for not scrutinising the technical qualification with regard to Government list resulted in wrong selection of Shri Batra for the post of Addl.CME. Therefore, in view of the above facts, this part of the charge is established.”
This is also totally unsustainable.
55. On the basis of these findings, the Inquiry Officer concluded that the charges 1 & 2 had been proved.
56. On the 26th of February, 1996, the Board, after perusing the Inquiry Officer’s Report, decided to issue a show-cause notice to the petitioner. On the 29th of February, 1996, a show-cause notice was given to the peti- tioner. On the 26th of March, 1996 the order impugned was passed. The same reads as under:-
“Disciplinary proceedings under Clause 15(2) of the DRTA (Condi- tions of Appointment & Service) Regulations, 1952 read with Section 4(e) of the Delhi Road Transport Laws (Amendment) Act, 19071 was initiated against Shri A.K.Sharma, Dy.Chief General Manager(IR) vide charge sheet No.DC(HQ)/22/92/163 DATED 3.3.1993.
The DTC Board, after consideration of the Enquiry Report conduct- ed by Commissioner for Departmental Inquiries, CVC had resolved to issue a show cause notice for dismissal from services to Shri A.K.Sharma. Accordingly, he was served with show cause notice vide memorandum No.DC(HQ)/22/92/102 dated 29.2.96. He was given an opportunity of showing cause against the proposed action i.e. imposing on him the penalty of “dismissal from the services of the Corporation.” He was given 10 days time to tame representa- tion.
Considering that the reply given by Shri A.K. Sharma was not proper and after detailed discussions on the agenda item, the Board vide its Resolution No.44/96 dated 23.3.96 resolved to confirm the penalty of imposition of dismissal from service with immediate effect from this Corporation.
“He is dismissed from the services of the Corporation with immediate effect.”
The Board further decided that he will not be entitled for any service benefits such as Gratuity, Pension, Employer’s Share of Provident Fund, Leave Salary etc.
The articles of the Delhi Transport Corporation (Identity Card, Officer’s Badge, Medical Card etc.) in the possession of Shri A.K.Sharma should be surrendered by him to the Dy. Manager- PLD-I within 24 hours of the receipt of this order by him. Failure to do so will render him liable to pay penalty as contained in office orders No.21 dated 27.1.1954 and No.1 dated 20.1.1992.
An attested photocopy of Resolution No. 44/96 dated 23.3.1996 referred to in para 3 above is enclosed.”
57. The petitioner, appearing in person, submitted that the charges against him had not been proved and the DTC had, without any justifica- tion, framed charged against him.
58. The DTC Board had already decided on the 25th of June, 1990 that the officer should be trained and decided to close the matter. The question is: “whether on the basis of the materials available on record of evidence, the charges against the petitioner have been proved?” The evidence of the witnesses, SW-1 to SW-4 had been extracted and on a reading of the evi- dence, I am clearly of the view that there is absolutely no evidence against the petitioner. The members of the DPC, as I had pointed out above, had committed a grievous error and the DTC tried to find a whipping boy in the petitioner. The findings by the Inquiry Officer is absolutely perverse and no person properly instructed in law would come to the conclusion arrived at by him. It is wholly irrational and quite unreasona- ble. The order passed by the DTC on the basis of the Report of the Inquiry Officer cannot be sustained.
59. Neither in the counter nor in any of the proceedings any mention is made about the action taken against S.K. Batra, but on a perusal of the records produced by the DTC it transpired that he was removed from service on the 7th of November, 1991. Before I perused the records, I was wondering as to why no action was taken against S.K.Batra who was really the culprit.
60. In the written synopsis submitted by the learned counsel for DTC, it is mentioned that the petitioner has been guilty of so many other charges and the DTC could not take any action because of the pendency of these proceedings. This is not relevant at this stage. If the DTC is so advised to take action against the petitioner on those charges, it is always per- missible in law for the DTC to proceed against the petitioner and that can be only after the petitioner is reinstated and given all consequential benefits. The order impugned in this writ petition cannot be allowed to remain in force.
61. The order dated 26.3.1996 is set aside. The respondent is directed to reinstate the petitioner with all consequential benefits. The respondent shall pass appropriate orders on or before the 31st of August, 1999.
62. The writ petition stands allowed.
63. There shall be no order as to costs.