Law:

Section:

(a) Governments Servants (Efficiency and Discipline) Rules, 1973- -- R. 3 (b) read with r. 4 (2) (iii)-Removal from service-Order of removal apparently based on misconceived notion of appellant having been found guilty during inquiry whereas inquiry officer found to have exonerated appellant of all charges-Authority s passing order deemed to have not applied its mind to facts of case-Passing order of removal in circumstances betrayed venom of Authority. (b) Government Servants (Efficiency and Discipline) Rules, 1973- -- R. 3 (b) read with r. 4 (2) (iii)-.Removal from service-inquiry procedure--Inquiry officer instead of examining prosecution witnesses first and then giving a chance to accused official to explain circumstances against him and lead evidence, examining accused official first and subjecting him to a lengthy examination by putting him searching questions-One of prosecution witnesses also allowed to cross-examine accused official-inquiry thus held could not be called a fair inquiry but being against principles of natural justice illegal and of no consequence resulting in vitiating order of removal based thereupon. (c) Government Servants (Efficiency sod Discipline) Rules, 1973- -- Rr. 3 & 4 - Removal from service-Appellant official removed from service on being found guilty of filing a civil suit and on its dismissal filing of criminal case and pursuing same by engaging a counsel and submitting applications direct to higher authorities-Filing of civil suit and its being dismissed-Charge on such ground makes no sense-Filing of criminal case-Basic right of every citizen-Appellant could not be said to have committed offence or misconduct by knocking at doors of Courts of justice -Civil wrong or criminal offence committed-Citizen under civic duty to seek remedy in Court of law and to engage counsel-Such litigation allegedly bringing disrepute to department and senior officers, department or senior officers concerned could seek remedy for libel or defamation if possessing evidence to prove same in Court of taw-Applications addressed to Inspection Team -and President of Employees' Union being in nature of complaints did not require submission through…

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