Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973--------Rr. 3(b), 4(1)(b)(iv), 6 & 7---Employees Service Rules, Rr.13, 16 & 14.07---Service Tribunals Act (LXX of 1973), S.4---Termination of service on charge of misconduct---First charge against civil servant was that he had given/made false statements, oral and in writing against the employer Corporation and in his interview had made comments tarnishing image and performance of the Corporation in the eyes of public in the country and abroad---Civil servant in his reply to said charge-sheet justified his statements and comments---Effect---Employee was not only prohibited by Service Rules to make adverse remarks against his employer, but rules of ethics and good governance also required an employee not to make derogatory statements against his Department from where he was earning his bread and butter---Image of the employer Institution was definitely damaged when remarks affecting financial and other affairs of the Institution were made by its employee---Civil servant took part in inquiry proceeding against him---Enquiry Officer; in circumstances, had not committed any illegality or irregularity when he found that civil servant had absolutely no authority and justification to make comments attributed to him in the charge-sheet---Civil servant was also charged with misconduct of his habitual absence without leave---Civil servant in the said charge-sheet neither had submitted his reply thereto nor had joined the subsequent inquiry conducted by other Inquiry Officer---Employer Corporation terminated services of civil servant holding that charges against him had been proved and that there was no mitigating circumstance---Civil servant had alleged that he had not been supplied copies of inquiry reports; that he had not been given a final show-cause notice and had also not been provided an opportunity of personal hearing ---Validity--­Civil servant having been dismissed from service, impugned order passed against him was not an order of termination simpliciter, civil servant under R.13.16 of Employees Service Rules, was entitled to copies of inquiry reports, a final show-cause notice and personal…

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