Ashish Nischal and Arun Nischal v. Central Government Employees Welfare Housing Organisation

1. In the above-captioned three petitions, vide impugned Memorandums of22"'' Februaryj 20tO aiiid'8'*^ March, 2010, departmental proceedings stood initiated against petitioners. In the case of petitioner-A/" K Wadhwa [in W.P.(C) 6437/2017], Inquiry Report of lO'^ February, 2015 indicts him of the charges framed against him, whereas Inquiry Report of 27* March, 2015 also indicts petitioner-A/' K Wadhwa [in W.P.(C) 6438/2017] and holds him guilty in respect of one ofthe charges and clarifies that remaining four charges stand partly proved. In the case W.Ps. (C) 6437-39/2017 Page 1 of[3] 2018:DHC:8858 ofpetitioner-^.K Rajput [in W.P.(C) 6439/2017], Inquiry Report of 12^ March, 2015 indicts him with clarification that out offive charges framed against him, three charges have been proved whereas remaining two charges have been partly proved. Wlien the charges were levelled against petitioner-iV.K Wadhwa [in W.P.(C) 6437/2017], he was fiinctioning as Officiating Director (Finance) and while petitioner-iV.K Wadhwa [in W.P.(C) 6438/2017] was working as Director (Administration), he was charged with dereliction of duty. Although the Inquiry Report was received iri the year 2015, but till date, Disciplinary Authority has not decided as to whether any actionlsto be taken against petitioners, as they have already retired. ':, '

2. During the course of hearing,'peM^^ counsel had drawn attention ofthis Court to Office Memorandums of January, 2018 and 23''* April, 2018 to indicate that -cttance of Central Vigilance Commission (hereinafter refeh-edtp as is awaited.

3. Upon hearing and on|:)erusal;pf material on record, it is deemed appropriate to call upon four weeks from today whether to give clearance or not, in order to facilitate passing of appropriate orders by the; Risdplinary i^uthority. Aft^^ response from CVC, the Disciplinary Authority of respondent shall pass appropriate orders in light of the Inquiry Reports received, within a period of six weeks and convey its fate to petitioners within a week thereafter, so that release of retiral benefits to petitioners can be undertaken with expedition, ifsuch ah eventuality arises.

4. CVC be apprised ofthis order forthwith to ensure its compliance. W.Ps. (C) 6437-39/2017 ^

5. With aforesaid directions, the above-captioned petitions and the applications are disposed of. Copy of this order be given dasti to learned counsel for the parties. (SUNIL GAUR) JUDGE APRIL24,20I[8] 41 • •;. •./fWl 1,^ u-, • •• • -V:-- ••• '-"jj-t' • '';:v