I m an employee joined In DESU (Delhi Electric Supply Undertaking, under MCD I.e. Municipal Corporation of Delhi) in year 1989. DESU became DVB (Delhi Vidyut Board) by gazette notification of GOI/LG in year 1996, when Delhi became STATE. My service transferred to BSES in year 2002 after unbundling of DVB in to 5 successor entities on as is where basis when DERR 2001 (Delhi Electricity Reform Rule 2001 I.e. Transfer Scheme) was brought into force n DERA 2000 was enacted. A tripartite Agreement was held among union/association, Govt. of NCT of Delhi n DVB wherein service conditions I.e. continuation of service, status n FR/SR were guaranteed by the GNCTD to erstwhile DVB employees. In years 2013 BSES official issued a charge memo by skipping a DESU order and without disclosing delegation disciplinary/appointing power/authority, till date same is not yet brought on record. Consequently inquiry was completed any how without listening my defense case, and a penalty of stoppage of 4 annual increments was imposed. Thereafter, I filled appeal to appellate/reviewing authority, they enhanced penalty to compulsory retirement. Thereafter I further requested in writing to supply for schedule of delegation of powers for disciplinary/applets/revising authority along with copy of vigilance report. Though they did not supply but revoked the order of compulsory retirement. Whereas I did not appeal for revocation if CR. I m more interested first to punish the culprit for his arbitrary order without having legal competency, his misconduct n violation of statutory provisions of law, rules, act, DOPT/CVC guidelines n judgement of supreme court then claim for damages would be secondary stage. I this matter please refer supreme court land mark judgments UOI vs B V Gopinath, second Board of trustees vs Dilip kumar Bad karni, AIR 1983 SC 109, para-13. My case may be very interesting for lawyer as well as for judiciary. Because normally employee is always so afraid that he only files for quashing of illegal orders n at the most for claim of damage. But in view said two landmark judgments, why wrong doer should not be prosecuted for his criminal acts and such arbitriness be left to encourage further for damaging the livelihood of an innocent employee. We can earn money further but can't recover status, prestige, fame n past livelihood which has been ruined be arbitrary acts, no one can be punished violating procedural law /rules....Is an ARTICLE 21. Now may please advise how n where to approach to punish such arbitrary concerned official.
