S. B. Sinha, J. - (1.) These two appeals involving common questions of law and fact and arising out of the same judgment were taken up for hearing together and are being disposed of by this common judgment.
(2.) Sheo Shanker Lal Srivastava, Appellant in Civil Appeal No.7539 of 2003, was appointed as a Stenographer in the Office of the Consolidation Commissioner, U.P. in the year 1963. He was deputed to work with the Lok Ayukta in the year 1978. One Arvind Kumar Singhal, Respondent No.3, was appointed as a Typist in the said office in the year 1980. Since 1988 he has been working as a Public Relations Officer. The post of Personal Assistant, which the Appellant was holding was redesignated as Private Secretary. He was later on given a higher scale of pay of Rs.3,000-4,500/- by way of promotion with effect from 21-07-1995. Owing to certain acts of misconduct, the Appellant had been censured and warned. The Appellant was asked to hand over the key of his almirah but he refused to do so. He also used indecent language. The said almirah was sealed. He was served with an order of suspension. The said seal on the almirah was broken at a later date i.e. 15-01-1988 and it was opened with a duplicate key. A charge-sheet containing six charges was thereafter served upon him.
(3.) The Appellant in response to a show cause notice, filed show cause. Upon receiving his explanation, four out of six charges were dropped. The charges wherefor a departmental proceeding was initiated against him are as under : "Charge No. 1 On 13-1-98 Deputy Secretary accompanied by Honble Lok Ayukta went on round to your room at 10.30 A.M. and he wanted to see if there was any undisposed of matters and documents lying with you and found that in violation of his orders, you had locked your almirah. On making request, you did not open the almirah yourself and when you were asked to give its key, you got enraged and using a very indecent and vulgar language, you refused to hand over the key and in a fit of anger crying at the pitch of your voice you said that you may be suspended but you will not give the key and you did not give the key. Therefore, you are guilty of committing indiscipline and misconduct. Charge No. 2 When you did not give the key of your almirah then your almirah was opened on 15-1-1998 by making alternative arrangements. The material which was recovered from your almirah has been mentioned in enclosure-1 and in regard to which your guilt has been shown in the remarks column of enclosure. In this manner you are guilty of neglecting and suppressing work.." ;