NISSAR AHMED Vs. STATE OF MYSORE

JUDGEMENT

(1.) The peitioner was an Assistant Surgeon, Grade III, in the Mysore State Medical Service. By the Government Order dt.4-9-1969 (marked Ext.E), he was dismissed from service on the ground of misconduct. In this petition under Art.226 of the Constitution, he has assailed that order of dismissal.

(2.) The police placed a chargesheet against the petitioner for offences punishable under Ss 376 and 342 IPC., alleged to have been committed by him in respect of a woman patient when he was in charge of the X-Ray section of the General Hospital at Tumkur. The First Class Magistate, Tumkur, discharged him under S.207-A(6) Cr.P.C. Thereafter the Government ordered disciplinary proceedings against him and appointed the Director of Vigilance, the State Vigilance Commission, to be the Specially Empowered Authority to conduct an enquiry against him. The Specially Empowered Authority framed the following charge:

(3.) The petitioner filed a written statement denying the allegations against him and asked for an oral enquiry. 17 witnesses were examined in support of the charge and he examined 2 witnesses in his defence. The Specially Empowered Authority disbelieved the evidence of the defence witnesses and held that the charge against the petitioner had been established. The Government issued him a show cause notice (Ext.C) under Art.311(2) of the Constitution proposing the punishment of dismissal from service. After considering the cause shown by him, the Government made the impugned order dismissing him from service.