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ADDITIONAL STATEMENT OF CHARGE FRAMED AGAINST SHRI KISHAN DEVNANI S/O SHRI MEGHRAJ, ASSTT. ENGINEER, BLDG. DEPTT., CIVIL LINE ZONE, MCD.
Shri Kishan Devnani while working as Asstt. Engineer in Bldg. Deptt. C.L. Zone remained incharge of the area of Kashmere Gate w.e.f. 7.8.2007 to 30.10.2007. He failed to maintain absolute integrity, devotion to duty and committed gross misconduct in as much as he furnished wrong status/action taken report dated 9.10.2006 as a result a wrong affidavit was filed by Shri Sunil Kumar, SE, C.L. Zone before the Honble High Court of Delhi in the case titled Amrik Singh Lyallpuri vs MCD & Ors for which he is responsible.

As regards the additional charge of submitting a wrong status report on the basis of which a wrong affidavit got filed by the Executive Engineer in the High Court, the learned counsel would submit that according to the allegations it was a status report of 8.3.2006, which was prior to the tenure of the applicant. In this context, the documents at page 54 and information received under the RTI vide MCD communication No.1894/PA/SE/CLZ/2011 dated 25.1.1012 would also be referred to.

Further it would be argued that on the basis of certain file notings that the CVO had recommended dropping the proceeding against the applicant. However, the same had not been accepted by the disciplinary authority.

6.1 Of the submissions being raised now, the one that seems to be prominently highlighted is regarding the additional charge of a wrong status note having been submitted by the applicant.

Even at the cost of repetition, the additional charge as per the charge sheet dated 19.5.2010 is reproduced as here under:

ADDITIONAL STATEMENT OF CHARGE FRAMED AGAINST SHRI KISHAN DEVNANI S/O SHRI MEGHRAJ, ASSTT. ENGINEER, BLDG. DEPTT., CIVIL LINE ZONE, MCD.
Shri Kishan Devnani while working as Asstt. Engineer in Bldg. Deptt. C.L. Zone remained incharge of the area of Kashmere Gate w.e.f. 7.8.2007 to 30.10.2007. He failed to maintain absolute integrity, devotion to duty and committed gross misconduct in as much as he furnished wrong status/action taken report dated 9.10.2006 as a result a wrong affidavit was filed by Shri Sunil Kumar, SE, C.L. Zone before the Honble High Court of Delhi in the case titled Amrik Singh Lyallpuri vs MCD & Ors for which he is responsible.
He, thereby, contravened Rule 3 (I) (i) (ii) (iii) of CCS (Conduct) Rules, 1964 as made applicable to the employees of MCD. The impugned order deals with this aspect as below:
Whereas Shri Krishan Devnani A.E. was required to furnish factual Action Taken Report so that correct affidavit could be filed before the Honble High Court of Delhi in the matter of A.S. Layallpuri vs MCD & Ors. However in his report dated 09.10.2006 Shri Devnani has mentioned that the existing structure in the property in question was authorized portion i.e. coverage as per Sanctioned Building Plan & Completion Certificate except their usage, as such he had hidden the fact regarding the remaining unauthorized construction existed in the property in the shape of coverage of passage which was later detected by another Asstt. Engineer for which show cause notice was also issued to owner/occupier to remove the excess coverage. As such Shri Krishan Devnani A.E. had furnished wrong/misleading report as a result of which wrong affidavit was filed by the department before the Honble High Court of Delhi. xxxx"