RAJ BAHADUR MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was posted as Vigilance Officer at Bombay in 1962. On 31-5-1965 five charges were framed against him. After due enquiry he was exonerated of all charges excepting charge No. IV which runs thus;

(2.) Rule 15 (2) of the Central Civil Services (Conduct) Rules, 1955 (hereinafter to be referred to as the 1955 Rules), so far as relevant, runs thus:-

(3.) Mr. Misra, however, contends that the 1955 Rules were no longer in force when the proceedings were started against the petitioner on 31-5-1965 and as such violation of the impugned rule does not entail the imposition of any penalty. The Central Civil Services (Conduct) Rules 1964 (hereinafter to be referred to as the 1964 Rules) came into force with effect from 30th Nov. 1964. In them there is no rule corresponding to the proviso to Rule 15 (2) of the 1955 Rules. Rule 25 of the 1964 Rules runs thus: