2014 INSC 0779
03/11/2015                     GOVT. OF NCT Vs. K. SRIVATSAN

GOVT. OF NCT Vs. K. SRIVATSAN
(http://www.thelaws.com)

                             LAWS(SC)2014999
                          Supreme Court Of India
                      Decided on September 16,2014

GOVT. OF NCT (DELHI)           VERSUS                                                Appellant
K. SRIVATSAN                                                                     Respondents

JUDGEMENT

J.S. Khehar, J.  ( 1. ) LEAVE granted.
( 2. ) K . Srivatsan, the Respondent in this instant appeal came to be inducted into the
Delhi Administration Subordinate Service. The instant employment, for all intends and
purposes, may be considered as his parent cadre. On 23.9.2003, he was transferred by way
of deputation, to the Municipal Corporation of Delhi. In the Municipal Corporation of Delhi,
he was appointed as an Administrative Officer, Land and Estate Department. In addition to
the aforesaid responsibilities, the Respondent was vested with the charge of Dealing
Assistant in the Land and Estate Department. Whilst the Respondent was on deputation,
charges of financial dereliction and favoritism came to be levelled against him. The
Municipal Corporation of Delhi was of the view, that as a consequence of unauthorised
decisions of the Respondent, it had to suffer extensive financial loss running into crores of
rupees. It is for the aforesaid reason, that the Respondent came to be suspended by the
Municipal Corporation of Delhi on 3.12.2007. The above order of suspension was, however,
revoked on 5.2.2008.
( 3. ) THE Municipal Corporation of Delhi, again placed the Respondent under suspension by
an order dated 29.2.2008. It thereupon passed an order dated 26.3.2008, ordering
repatriation of the Respondent to his parent cadre. On 19.5.2008, the Respondent's parent
department, i.e., the Delhi Administration, informed the Municipal Corporation of Delhi,
that the Respondent could not be repatriated, as he had been placed under suspension. It is
in the aforesaid circumstances, that the Respondent remained with the Municipal
Corporation of Delhi. He also remained under suspension. On 30.06.2008, the Respondent
attained the age of superannuation. On that very day, his repatriation to the parent
department was accepted. 

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