(1.) - These two writ petitions raise common questions of law although they are based on different facts and, therefore, they were heard together and are being disposed of by a common Order/Judgement.
(2.) THE facts necessary for the disposal of these two writ petitions briefly stated are as follows: FACTS OF BIRMA RAM CHOUDHARY'S CASE :
(3.) THE petitioner has further contended that it is trite law that the specific provisions shall override the general provisions. According to him, in view of r.8(2a) of the Rules of 1966. r.41 of the Rules of 1966, which is general in application, cannot be applied. He has submitted that r.41 of the Rules of 1966 only provides for the conditions of the service of the employees of the Society. It does not relate to disciplinary proceedings and therefore, under r.41 of the Rules of 1966, the significant omission regarding the procedure for disposal of disciplinary cases leads to an irresistible conclusion that the rule making authority only wanted to confer the powers regarding laying down the conditions of service of the employees of the Society and not with regard to the procedure regulating the disciplinary proceedings against them.?