BHAGWATI PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Vide order dated 25.10.1996, the Appellant was punished by withholding of five increments with cumulative effect. Vide order dated 14.11.1996, the increments and allowances admissible to him during his suspension period were also withheld. Vide order dated 25.10.1997, the Appellate Authority confirmed the punishment order dated 25.10.1996 and dismissed the departmental appeal filed by the appellant. Since the appellant was aggrieved by these three orders, he challenged the same before the Hon'ble High Court. However, vide judgment dated 13.02.1998, the Learned Single Judge was pleased to uphold the impugned orders and to dismiss the writ petition. Hence, the Special Appeal before us.

(3.) According to the appellant, the factual matrix of the case is that in the years 1977-78, he was posted as Compounder as Primary Health Centre, Bhinai, District Ajmer. Since there was no Medical Officer at the Primary Health Center, therefore, he was In-charge of the Center. While the appellant was there, one Miss Leliacia Hamilton was also posted there as Auxiliary Nurse and Midwife. Both, the appellant and Miss Hamilton lived as neighbours. On 3.9.1978, the appellant went on leave to Chittorgarh. On the same day, Miss Hamilton was discovered in a burnt condition in her bathroom. She was rushed to Beawar for treatment, but unfortunately, she succumbed to her injuries on 5.9.1978. A suicide note was discovered by another nurse, Miss Nirupama Ganguli. Subsequently, Miss Ganguli handed over the said suicide note to Mr. Durga Lai, the Upper Division Clerk, working at the Centre. Meanwhile, on 4.9.1998, the appellant came back from Chittorgarh and went to Beawar to collect the staff's pay. On 5.9.1978, when he came back he lodged a FIR with the police about Miss Himilton's death. Initially, the local police was of the opinion that appellant may have murdered Miss Hamilton. Therefore, it registered a criminal case for offences u/Ss. 302, 376 and 120-B IPC against the appellant. But eventually, after a thorough investigation not only by the local police, but also by the C.I.D. and the C.B.I. a final report, exonerating the appellant was submitted before the trial Court. The trial Court was pleased to accept the said Final Report (F.R.).