Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---Rr.2(1)(d) & 3--Term "misconduct"--Definition--Charge of immorality against civil servant, held, was covered by the term "misconduct"--Argument that term "misconduct" used in Efficiency and Discipline Rules only related to duties of public servant and that private or personal activities or actions could not be deemed to be covered by "misconduct" was superficial and devoid of any merit--Such interpretation would amount to giving a free licence to public servants to do whatever they liked and indulge in anti-religious and immoral activities, commit dacoities, run brothel houses and gambling dens and indulge in black-marketing and smuggling which obviously could not be the intention of legislature--Civil servant could not be heard to say that such activities were his private affair and not covered by mischief of the word "misconduct". (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- ---Rr.3, 5 & 6--Dismissal for misconduct--Appellant, a nurse found guilty of immoral act committed within the premises of hospital and after show-cause notice dismissed from service--Contention of appellant's counsel that action against appellant was mala fide and on account of her union activities--Such contention, held, could not be accepted for the reasons firstly, the appellant had not alleged mala fides in her reply to show-cause notice, secondly, the appellant was not only the office-bearer of the union and there was no link between union activities of appellant and disciplinary proceedings against her; thirdly, nature of allegations was fully supported by report of Chemical Examiner and medical examination of appellant; fourthly, the presence of appellant in battery room of Telephone Exchange of hospital at midnight with male officials with whom she did not fall within prohibited degree and lastly, medical report proved that the appellant was a woman of easy virtues. (c) Punjab Service Tribunals Act (IX of 19.74)-- ---S.4--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R.6(3)--Dismissal from service--Appellant, a nurse, found guilty of immoral act committed within…

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