1. The petitioner has filed the instant writ petition seeking the following prayers:-
a) Issue a writ of Certiorari to quash the order dated 10.05.16 by the appellate body i.e. sub- committee of the board of Airport Authority of India, and
b) Issue a writ of Certiorari to quash the order dated 29.10.2015 of the Disciplinary Authority i.e. the Chairman of Airport Authority of India, and
c) Issue a writ or direction in the nature of Mandamus directing/commanding the Respondent to remove /withdraw the penalty of withholding of one increment of pay for a period of one year with cumulative effect or,
2. Brief facts, as alleged by the Petitioner and culled out from the present petition are as follows:-
2.1 That the petitioner was serving the respondent in the capacity of Senior Manager in the year 2009-2010. Vide his letter dated 25.05.2010, the petitioner officially conveyed the approval/sanction of the competent authority for the empanelment of M/s. Nazareth Hospital for a period of one year from 02.05.2010 to 24.05.2011.
2.2 On 28.03.2012, vide the Circular No.9/2012, the respondent notified the revision of Room/Bed entitlement for indoor medical treatment and policy guidelines for empanelment of hospitals. The Director of the Nazareth Hospital issued a revised Schedule of Hospital Charges vide his letter dated 31.03.2012 to the Civil Aviation Training College (hereinafter referred to "CATC") effective from 01.04.2012.
2.3 Vide the letter dated 15.05.2013, the respondent informed the Nazareth Hospital that it had been granted 1 year extension of the empanelment w.e.f. 25.05.2013 to 24.05.2014 at CGHS Rates. On 13.07.2013 the said Nazareth Hospital forwarded the Bills pertaining to one of the employees of the respondent CATC at revised rates for clearance. The same were stated to be cleared and the excess amounts were recovered from the account of the employee.
2.4 An employee of the respondent Airports Authority of India (in short "AAI"), namely Sh. V.K. Aggarwal submitted a complaint to the Corporate Headquarters, AAI, New Delhi regarding overcharging by the Nazareth Hospital in collusion with CATC, Allahabad. The basic complaint being that the said employee was charged Rs.3000/- per day towards A/C room for the medical treatment of his mother and the excess room rent was recovered from his salary during the year 2012 - 2013. In December 2013 the said employee wrote to the Member (HR) Corporate Headquarter that he has not received the response to his complaint nor has the deducted amount of Rs.17,600/- been remitted back into his account.
2.5 In pursuance of the above, the Member (HR) vide the letter dated 26.06.2014 corresponded with the Principal, CAT regarding the aforesaid complaint of overcharging in hospital bills regarding one of the employees. The same was replied to by the Principal, CATC vide the letter dated 11.07.2014.
2.6 A vigilance investigation was ordered and carried out which submitted its report dated 16.10.2014 regarding the complaint of Sh. V.K. Aggarwal in respect of his allegation of the nexus between the Principal, CATC and Nazareth Hospital, Allahabad.
2.7 Consequent thereto, consent of the authorities was obtained for imposition of minor punishment on the petitioner without issuance of show cause notice vide the order dated 25.11.2014. Vide the Memorandum dated 21.04.2015, the petitioner was held guilty by the Chairman and disciplinary Authority who recommended imposition of minor penalty under Regulation 27 of the Airports Authority of India Employees (Conduct, Discipline and Appeal) Regulations, 2003 (hereinafter referred to as "CDA Regulations, 2003").
2.8 The petitioner was afforded an opportunity to submit his written defence statement against the proposed minor penalty under Regulation 31 of the said AAI Employee........