Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 4(1)(b)(iv),3(b),3(c)

(a) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R.4(1)(b)---Inquiry proceedings---Major penalty---Detailed inquiry---Scope---Ordinarily major penalty could not be imposed unless a detailed inquiry was conducted; however, this was not an absolute rule---Where sufficient evidence was available on record, a detailed inquiry could be dispensed with and after confronting the delinquent official with the available evidence and providing him an opportunity to explain his position, the inquiry officer could record findings and make his recommendations. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 3(b), 3(c) & 4(1)(b)(iv)---Misconduct and corruption---Taking a bribe---Dismissal from service converted into compulsory retirement---CCTV Footage, authenticity of---Petitioner, who was posted at an airport, was alleged to have demanded illegal gratification from a passenger---Video clip as well as the CCTV footage of the incident was available and the same was shown to the petitioner who admitted that he featured in the said video---Only defence taken by the petitioner was that the voice in the video clip was not his---Inquiry officer found that the sound in the video clip was the voice of the petitioner because of his peculiar accent and lip movements which coincided with the sound recording---Perusal of said video clip with sound by the Supreme Court in Chambers also revealed that the audio recording clearly corresponded with the lip movements of the petitioner in the video clip, and there was no possibility of a voiceover or the video clip having been dubbed subsequently---Even otherwise, there was no reason why anybody in the department or the passenger who apparently met the petitioner for a few minutes would involve and frame the petitioner in such manner---Video clip in question was also uploaded on the social media and covered by international press which clearly brought a bad name to the country as well as the concerned department---Any leniency shown in dealing with such acts would not only send the wrong message to other functionaries of the department but would amount to condoning bribery and corruption in…

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