Rakesh and Ors. v. New Delhi Municipal Council and Ors.

1. The present petition has been filed by the petitioners praying inter alia for directions to be issued to the respondent No.1/NDMC to take action against the respondent No.4 in view of the offence alleged to have been committed by him against the petitioner No.2, subject matter of FIR No.380/2011, registered at Police Station: Kalyanpuri under Section 376 IPC. 2014:DHC:7313

2. Counsel for the petitioners submits that on 19.11.2011, on the complaint of the petitioner No.2, a FIR was registered against the respondent No.4, who is working in the respondent No.1/NDMC in the post of Beldar, for an offence allegedly committed under Section 376 IPC. On 19.11.2011 itself, the respondent No.4 was sent to judicial custody and he had remained in judicial custody till 03.01.2012. Vide order dated 03.01.2012, the learned ASJ had released the respondent No.4 on bail. In the meantime, the petitioners had submitted a representation dated 13.03.2013 to the respondent No.1/NDMC, informing it about the registration of the FIR against the respondent No.4 and requesting the Department to initiate disciplinary proceedings against him. The contention of the learned counsel for the petitioners is that despite repeated representations made by the petitioners to the respondent No.1/NDMC, it has not take any disciplinary action against the respondent No.4.

3. Mr. Grover, learned counsel for the respondent No.1/NDMC, who appears on advance copy, hands over a copy of the office order dated 05.06.2012 issued by the Director (Vigilance), NDMC, wherein it is recorded that the respondent No.4 was deemed to have been suspended w.e.f. 19.11.2011 to 04.01.2012 i.e., the duration of his detention and he would be entitled to subsistence allowance as admissible, for the said period. He states that after seeing the way the criminal proceedings go, a decision shall be taken by the respondent No.1/NDMC as to whether it should initiate disciplinary action against the respondent No.4. A copy of the aforesaid office order dated 05.06.2012 is handed over with a copy to the counsel for the petitioners and the same is taken on record.

4. In view of the aforesaid submission made by the counsel for the respondent No.1/NDMC, the present petition is disposed of.

5. Needless to state that the petitioners shall be at liberty to inform the respondent No.1/NDMC about the status of the criminal case pending against the respondent No.4, which shall be taken into consideration and appropriate disciplinary action, if any, required to be taken under the Conduct Rules shall be initiated thereafter, as per law.

6. The petition is disposed of alongwith the pending application. (HIMA KOHLI) DECEMBER 22, 2014 JUDGE rkb