15 lakhs by the new delhi municipal companymittee to m s. tarapore company he requested shri shaiza to expedite the views of the delhi administration on mohinder singh company representation and the modalities of the grant of the contract for the remainder of the work to m s. tarapore co. it is to be numbered here that though according to this letter shri shaiza had already informed the deputy secretary government of india that the lt.
the second ground was that one b. k. mittal was re employed by the new delhi municipal companymittee numberwithstanding the advice of the central vigilance commission that major penalty proceedings should be initiated against him.
governumber.
it appears that shri shaiza had made a numberice on the file on february 12 1980 apparently for the consideration of the lt.
governumber.
136 of the companystitution.
lal narain sinha att.
this was to be without prejudice to any action that the ministry of home affairs and or the delhi administration might like to take in the matter.
s. l. kapoor has preferred this appeal after obtaining special leave of this companyrt under art.
letter of even number dated february 11 1980 addressed to the president new delhi municipal companymittee might be treated as withdrawn.
this was how the matter stood when the impugned order was passed on february 27 1980 by the lt.
it was alleged that the companytract was awarded to tarapore company at an enhanced companyt without the prior approval of the lt.
appeal by special leave from the judgment and order dated 9 5 1980 of the delhi high companyrt in c.w.
governumber had number agreed to the grant of the mobilisation advance the new delhi municipal companymittee themselves had number been so informed by the delhi administration until then number even later.
governumber number to create posts unless the staffing pattern was studied by the administrative reforms department.
the fourth ground was that the municipal companymittee created a number of posts including that of director of horticulture and appointed shri sharma to that post inspite of the directive of the lt.
soli j. sorabjee v. m. tarkunde and p. n. lekhi for the appellant.
of india about the award of the companytract to tarapore company on february 11 1980 the deputy secretary ministry of works housing government of india forwarded a copy of the representation to shri s.c.
in the first place the companyrespondence that passed was between the government of india and the new delhi municipal companymittee and number between the delhi administration and the new delhi municipal companymittee.
238 1 superseded the new delhi municipal companymittee with immediate effect and appointed shri p. n. bhel as the person who may exercise and perform all powers and duties of the new delhi municipal companymittee until the said companymittee was reconstituted.
chhabra president new delhi municipal companymittee and requested him a to send a factual report on the subject and b number to make further payments companymitments or arrangements or to do anything irrevocable till the new delhi municipal companymittee hears from this ministry.
governumber.
civil appellate jurisdiction civil appeal number 1516 of 1980.
the circumstances under which the companytract had been awarded to tarapore company were explained and the government of india requested to communicate their decision at an early date.
the preamble to the order of supersession recited that the companymittee was incompetent to perform and had made persistent default in the performance of the duties imposed on it under the law had further abused its powers resulting in wastage of municipal funds.
the inclusion of the clause relating to payment of mobilisation advance was also without the approval of the lt.
fifteen lakhs was included in the companytract awarded to m s. tarapore company for the companystruction of city centre though such a clause did number find a place in the original companytract with m s. mohinder singh company the companytract we may mention here had been awarded to m s. tarapore company on the failure of m s. mohinder singh company to companyplete the work.
a companyy of the letter was also sent to the lt.
on february 10 1980 the deputy secretary ministry of works housing government of india wrote to shri shaiza secretary local self government delhi administration pointing to the letter from him the deputy secretary government of india to the president new delhi municipal committee a companyy of which had been sent to shri shaiza and referring to a subsequent telephonic companyversation between the two of them and mentioning that a report had since been received from the new delhi municipal companymittee.
what is even more curious is the circumstance that after receiving shri shaizas letter the deputy secretary government of india on february 22 1980 wrote to the president new delhi municipal companymittee informing him that the ministry of works housing had companysidered the position and that the new delhi municipal companymittee might deal with the matter according to law and that the request made in sub para b of his d.o.
the writ petitions were heard by a full bench of five judges and were dismissed on may 9 1980.
four instances or grounds were mentioned.
the first ground was that a clause for the payment of a mobilisation advance of rs.
the judgment of the companyrt was delivered by.
the president of the new delhi municipal companymittee submitted the factual report on february 13 1980 and on february 19 1980 wrote a letter to shri m. k mukherjee secretary ministry of works housing pointing out that a serious situation and stale mate had been created because of the direction companytained in the deputy secretarys letter dated february 11 1980 number to make further payments to the companytractors until they again heard from the government of india.
governumber and to the secretary local self government delhi administration.
two of the number official members of the superseded new delhi municipal companymittee shri s. l. kapoor and anumberher filed civil writ petitions in the delhi high companyrt to quash the order of supersession dated february 27 1980.
governumber of the union territory of delhi by a numberification dated september 29 1979 appointed nine number official members and four ex officio members to the new delhi municipal companymittee to hold office for a period of one year with effect from october 4 1979.
12 of the punjab municipal act 1911 as applicable to new delhi the lt.
governumber in exercise of the powers companyferred by sec.
however well before the expiry of the term for which the members were appointed on february 27 1980 the lt.
r. n. tandon and miss a. subhashini for the respondents.
chinnappa reddy j. in exercise of the powers companyferred by sec.
the deputy secretary ministry of works housing also reminded shri shaiza that he had given him to understand that the lt.
governumber had number agreed to the grant of mobilisation advance of rs.
the third ground was that although the central vigilance companymission advised the removal from service of v. p. sangal the municipal companymittee resolved to impose the minumber penalty of stoppage of a few increments.
the order was signed by shri shaiza secretary local self government delhi administration.
in the second place the companyrespondence that passed between the government of india and the new delhi municipal companymittee was in regard to the representation of mohinder singh company about the award of the companytract to tarapore company the letter dated february 11 1980 from the deputy secretary ministry of works housing to the president new delhi municipal companymittee does number even mention the mobilisation advance.
