Rajender Kumar v. M/S BSES Yamuna Power Ltd. & Anr.

1. No one is present for the petitioner on the second call although on the first call counsel for the petitioner urged only one point in support of the writ petition wherein prayer was made to change the Enquiry Officer. The point which was urged was that Enquiry Officer cannot be more than 70 years. Averments in this regard have been made in para 22 of the writ petition and which read as under:- “22. That the C.V.C. circular letter No. 98/MSC/23 dated the 16th September 1999 and GI department of personal training O.M.NO. 134/4/99-AVD-1 dated 7th April 2003 and O.M.No. 142/20/2008- AVD-1 dated the 27th July 2009 published under Government of India 2013:DHC:2469 decisions under rule 14 of the Central Civil Services (Classification, control and Appeal) Rules, 1965 in Swamy’s Compilation of CCS, CCA Rules where in it is mentioned that a retire Govt. Officer referred to as enquiry officer should not be more than 70 years of the age on 1st July of the year his empanelment and should be in sound health physically and mentally. This aspect was put to the deputy GM (HR) on 28.01.2013 the response to which was not in positive.”

2. I may note that the petitioner has not filed any of the circulars which are relied upon, but counsel for the respondent has brought the circular dated 16.9.1999 which provided the age of the Enquiry Officer to be 70 years. Counsel for the respondent has however brought another circular dated 25.3.2003, by which, all other earlier circulars were superseded and which circular dated 25.3.2003 does not provide any age of the retired officer for being appointed as the Enquiry Officer. It is specifically mentioned in the circular dated 25.3.2003 that all earlier circulars on the subject stand superseded by this circular dated 25.3.2003. There is no age limit which is prescribed for Enquiry Officer in the circular dated 25.3.2003 and therefore, since any retired officer can be appointed as an Enquiry Officer, I do not find any merit in the stand of the petitioner that Enquiry Officer cannot be more than 70 years of age.

3. I may note that respondent no.1 is a private company and petitioner was an employee of the erstwhile Delhi Vidut Board (DVB) and no doubt terms and conditions of employees such as the petitioner had to be governed by the then applicable terms and conditions of the Central Government with respect to conducting enquiries, however, since there is now a circular dated 25.3.2003, which does not place any age bar but entitles all retired officers to be appointed as Enquiry Officers, there is no merit in the petition, which is accordingly dismissed, leaving the parties to bear their own costs.

VALMIKI J. MEHTA, J MAY 13, 2013 ib After the passing of the judgment, later when the Court was rising, counsel for the petitioner Mr. M.L.Yadav, Advocate appears and has been apprised of the above order.

VALMIKI J. MEHTA, J MAY 13, 2013 ib