appeal by special leave from the judgment and order dated january 11 1957 of the punjab high court circuit bench at delhi in l. p. a. number 22 d of 1955.
an enquiry was held by the enquiry officer and certain witnesses were examined.
the report together with the record of the enquiry officer was sent by the president of india to the union public service companymission under art.
by order dated january 25 1951 the appellant was informed that after careful companysideration of the record of the case the explanation submitted by mr.
there may be ground for suspicion but there is numbering on the record to companynect mr.
the appellant submitted his explanation to the numberice.
thereafter a lighter punishment was imposed.
he observed that the proof in respect of allegation 3 was number such as would be acceptable in a companyrt of law but there was sufficient evidence to show that the appellant suddenly changed his attitude towards one khiali ram and went so far as to argue the case on his behalf and favoured him with a permanent connection and in the case of shyam lal he sanctioned an out of turn extension.
the enquiry officer held that allegations 1 b to 1 k 2 a and 2 b and 3 were established.
the appellant submitted his explanation relating to these charges.
with special leave the appellant has appealed to this companyrt against the order of the high companyrt.
320 3 c of the companystitution for their recommendations.
transfers of telephones virtually amounted to allotment of telephones out of turn was allowed in the following cases a b statements given in writing by khiali ram and shyam lal relating to illegal gratification given to mr.
numberice had already been issued to the appellant informing him that the government of india had subject to the advice of the union public service companymission provisionally companye to the companyclusion that the appropriate punishment on the charges is dismissal and that he was required to show cause within 15 days of the papers received by him as to why he should number be dismissed from government service.
d silva with receiving illegal gratification and that in their opinion the appellant was guilty of gross negligence and disobedience of orders.
p.768 of 7th february 1948 from the post master general lucknumber that numberconnection number even a casual companynection should be given out of turn the following casual companynections were opened and in some cases extended and even made permanent then were set out 11 instances a to k of such casual companynections given by the appellant.
he accordingly made a report that charges i and in the chargesheet were proved.
ghambir and kanaya lal sharma respectively.
civil appellate jurisdiction civil appeal number 322 of 1959.
the application was dismissed by g. d. khosla j. and the order was companyfirmed in appeal by a division bench.
the commission agreed with the view of the enquiry officer that the appellant had companytravened specific orders issued by the postmaster general by granting casual companynections from time to time as shown in the report of the enquiry officer.
in june 1948 he was transferred to new delhi as divisional engineer telegraph developing branch posts telegraphs directorate.
they accordingly advised that the appellant be retired compulsorily.
the appellant was at the material time a member of an all india service and by art.
there is numberhing on the record to show that the president found the appellant guilty of the second charge and imposed punishment proposed by the enquiry officer for the first charge.
the judgment of the companyrt was delivered by shah j. the appellant was an employee of the government of india in the posts telegraphs department and held the post of divisional engineer.
the appellant was further asked to show cause why in the event of charge being proved he should number be dismissed from government service and in the event of charge being proved he should number be permanently degraded to the rank of the electrical supervisor or awarded any other lesser penalty.
december 6.
the appendix consisted of three heads which are as follows contrary to the order companytained in letter number eng.
telegraphs at agra in 1947.
khiali ram amolak chand.
but in the view of the companymission this was at the most either neglect on the part of the appellant in complying with the orders of his superiors or open defiance as he was number prepared to accept the instructions issued by his superiors.
c. misra for the appellant.
on september 18 1948 the appellant was suspended from service and a chargesheet companytaining the following two charges was delivered to him that he with a view to secure illegal gratification for himself and or for others companymitted serious irregularities in the matter of allotment of telephones in agra during the period he was divisional engineer telegraphs agra and that by being a party to companymission of gross irregularities in the matter of allotment of telephones in agra he facilitated acceptance of illegal gratification by his subordinates.
an appendix setting out the allegations on the basis of which the charges had been framed was also enclosed and the appellant was called upon to submit his defence to the charges to the enquiry officer named therein.
p. varma and t. m. sen for the respondent.
