report have been drawn without giving any opportunity to the Petitioners to explain their case. Significantly, only 22 employees have been subjected to recoveries and no action has been taken against majority of the employees. Further, it is not the case of NDMC that Petitioners were in any manner responsible for any misrepresentation or fraud in receiving the promotions/ upgradations and consequent payments upon pay-fixation. No show cause notice was given prior to issuance of the impugned orders and effecting illegal recoveries. It is also urged that the audit report pertains to audit going back to Financial Year 2007-08 onwards, with no explanation to conduct an audit after inordinate delay, assuming that there was any power with NDMC to conduct an audit and secondly, the report is completely vague and generally refers to grant of promotions and upgradations to employees without following rules and regulations prescribed by DoPT and followed by MCD, without specifying which Rule/DoPT Instruction has been violated in respect of any promotion or upgradation. Basis this vague audit report and without even putting the Petitioners to notice, recovery is sought to be made in violation of the judgment of the Supreme Court in State of Punjab and Others v. Rafiq Masih (White Washer) and Others, (2015) 4 SCC 334 and DoPT O.M. issued in furtherance thereto on 02.03.2016.
