Mr. R.L. Rathore vs Delhi Power Supply Co. Ltd. on 3 September, 2003
In the case of R.L. Rathod (supra), enquiry was pending
against the delinquent. Promotion was given to the delinquent without
mentioning that promotion would be subject to the outcome of the enquiry. In
the case at hand, the factual position is different. Nothing has been brought on
record to show DPC was aware of the complaint being filed against the
applicant. Despite being aware of the complaint, DPC had promoted the
applicant, then it could be said that the misconduct has been condoned. In the
absence of this, it cannot be said that the misconduct has been condoned.