MANDANNA A M Vs. DIRECTOR OF MEDICAL SERVICES
LAWS(KAR)-1966-10-10
HIGH COURT OF KARNATAKA
Decided on October 28,1966

MANDANNA A.M. Appellant
VERSUS
DIRECTOR OF MEDICAL SERVICES Respondents

JUDGEMENT

Somnath Ayyar, J. - (1.)The petitioner was a X-ray technician in the Civil Hospital Somwarpet. In a disciplinary proceeding, the first charge against him was that he was found in the dark room of the X-ray department inside the hospital premises on March 29, 1963 with a woman "in an unbecoming position." The second charge was that there was dereliction of duty of his part. These two charges were formulated on June 24, 1963.
(2.)At an earlier stage, the petitioner was asked to supply answers to three questions with reference to what was described as a chargesheet. The first was whether it was a fact that the petitioner was with a woman in the X-ray room and the petitioner admitted it. The second was whether that woman was a patient and had been referred to the petitioner by someone, and the answer was in the negative. The third asked the petitioner to explain why disciplinary action should not be taken against him, and he said this :
"It is true that I was with a lady in the X-ray room for which I regret very much, I most humbly request you that I may kindly be excused for this time. I assure you, Sir, that I won't commit such mistakes in future."

(3.)Although this was what the petitioner (sic) at that stage, when he produced his defence with reference to the two charges which were formulated on June 24, 1963, he denied that he was in an "unbecoming position" with a woman on March 29, 1963, and added that the woman had come to the X-ray room requesting the petitioner to screen her and that she was talking to him. He denied that he had committed any misconduct and sought exoneration.


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