GURURAJACHAR Vs. STATE OF MYSORE

JUDGEMENT

(1.) In respect of six charges which were framed against the petitioner who was an inspector of schools in the Department of Education, disciplinary proceedings were commenced and those proceedings ended in the imposition of three penalties by the Director of Public Instruction who was the authority empowered to impose penalties. These punishments were imposed on 14 February, 1959.

(2.) On 6 January, 1960, a show-cause notice was issued to the petitioner from the office of the Mysore Government Secretariat calling upon the petitioner to show cause why the punishments imposed on him by the Director of Public Instruction should not be enhanced under rule 26 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957. This notice purports to have been issued by order and in the name of the Governor of Mysore by the Deputy Secretary to the Government in the Department of Education. The petitioner contends that the Government of Mysore has no power under rule 26 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, to enhance the punishment imposed on him by the Director of Public Instruction, It is pointed out that it is under rule 27 that the Government could have made the enhancement if it had done so before the expiry of six months after the date on which the Director of Public Instruction imposed the punishment.

(3.) Now, while under rule 26 the Governor is empowered to enhance the punishment imposed on a civil servant, rule 27 empowers the authority to which an appeal lies against an order imposing any of the penalties specified in rule 8 to review any order made in that case. But there is a proviso to that rule which prohibits such review after the expiry of six months after the date of the order to be reviewed.