Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 2(4)---Misconduct---Dismissal from service---Civil servant working as telephone operator was dismissed from service after issuing him show-cause notice and holding enquiry against him on charge of misconduct---Allegation on basis of which civil servant was dismissed from service was that he was found sitting in his flat with a lady wife of a co-civil servant who was not his relative and that they were not supposed to stay as such---Incident of sitting of lady in flat of civil servant was not denied by both of them, but no complaint of any type was ever lodged from anybody even from her husband who was ­civil servant of the appellant---Such action by Authority was unwarranted in circumstances, and if at all Authority had any grievance; it could have informed law enforcing agencies for, appropriate action in matter according to law, but Authority was not supposed to have assumed hole of Police---Civil servant had stated that lady who was friend of his sister was well-known to him and asked her to sit while he was preparing to go to his native village and lady had stated that she was sitting in flat of civil servant as she also wanted to go to his village with him---Admitted position was that lady who was found in flat of civil servant had come to him on her own accord and nothing could be said about motive or intention behind that, especially when no allegation of any kind was levelled---Civil servant during period in question had not absconded from duty and went to his flat for that purpose---Incident had not occurred during performance of official duty by civil servant and it was none of business of Authority to have conducted raid on flat of civil servant in circumstances--- Disciplinary proceedings taken against civil servant and order of dismissal passed consequent to those proceedings were illegal and contrary to provisions of Government Servants (Efficiency and Discipline) Rules, 1973 and were liable to be set aside. (b) Civil Servants (Appeal) Rules, 1977---- ----Violation of Rules---Authorities, while deciding Departmental appeal filed by aggrieved civil servant did not take care…

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