MEGHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These are four connected applications under Article 226 o the Constitution by Meghraj (No. 22), Mukandas (No 28), Jeetmal (No. 98) and Chunnilal (No. 243). As the main points raised in them are the same, we propose to decide them by one judgment.

(2.) Of the four applicants, Meghraj was a, male nurse in M. T. B. Hospital, Bari (Udaipur), while the other three were male nurses at the Mahatma Gandhi Hospital Jodhpur. They were dismissed on various dates in 1952. Their appeals were also dismissed in 1954. Thereafter, the present applications were filed, and the order of dismissal was challenged.

(3.) Two main points have been, raised by the applicants in their applications. The first is that there was no rule in the Government Servants' Conduct Rules which prohibited strikes by Government servants. Therefore, even if the applicants went on strike, they could not be dismissed from service on that ground, and, in any case, the order of the Director of Medical and Health Services dismissing, them for contravening Rule 21 of the Government Servants' Conduct Rules could not be sustained for the applicants did not commit any breach of that rule. The second point that is urged is that no opportunity was given to them after the enquiry had been completed and their guilt had been established to show cause against the proposed punishment, and their dismissal therefore without complying with the provisions of Article 311 of the Constitution was illegal.