GORDHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is plaintiff's second appeal.

(2.) THE plaintiff was working as Male Nurse Grade-III at M. B. S. Hospital, Kota. He was served with a memorandum dated 28. 7. 1970 along with a charge sheet, and an enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the 'cca Rules') was proposed to be held against him. THE allegation against the appellant was that on 29. 5. 70 he pointed out Shri Murli Manohar Moondra to three persons who lateron gave beating to Shri Moondra. Enquiry was held under Rule 16 of the CCA Rules, and after the enquiry was over under Rule 16 of the CCA Rules, without any notice to the appellant regarding the change of procedure from Rule 16 to Rule 17 of the CCA Rules, a minor penalty of stoppage of two grade increments without future effect was straightaway imposed against the appellant, without calling any explanation from him and without furnishing him even copy of the enquiry report. Plaintiff in his plaint further alleged that the enquiry was held in breach of principles of natural justice and the charge does not refer to his conduct as an employee and had nothing to do with the discharge of his duties. THErefore, there is no question of any misconduct. He further submitted that the charge was not proved and the whole proceedings were mala fide.

(3.) LEARNED counsel for the appellant has placed reliance on Dr. Kishan Singh V. State of Rajasthan (1) in which the Division Bench held as under:- "it is permissible for the disciplinary authority to proceed under Rule 17 for imposing minor penalties, although it has proceeded initially under Rule 16, but it is certainly necessary that if it proposes to change the procedure from Rule 16 to Rule 17, a clear notice to that effect must be given to the person concerned before proceeding under Rule 17. "