TARUN AGARWALA, J. - (1.) SINCE the controversy involved in both the writ petitions are identical, the same is being decided together.
(2.) IT transpires that an undertrial, who was involved in a scam of crores of rupees, was admitted in the District Hospital, Gautam Budh Nagar for treatment of a heart disease. It is alleged that the undertrial complained of chest pains and accordingly, he was referred to the MNC Heart Centre Noida for investigation and treatment on 16.8.2005. The undertrial was sent to this MNC Heart Centre under police escort where he was admitted and, after treatment. the undertrial was discharged on 18.8.2005 and was given custody to the petitioner, Ram Pal Singh, who was posted on duty. Upon discharge, the undertrial, was required to be brought back to the District Hospital. Instead, the petitioners took the undertrial and admitted him in another private hospital known as Kailash Hospital, Noida without obtaining prior permission from the higher authorities, presumably for extraneous consideration. The petitioners were suspended and, based on a preliminary enquiry, a depart­mental enquiry was initiated and a charge sheet of dereliction of duty, careless­ness, not following the orders of the superior authorities, extraneous consider­ation, etc., was levelled against the petitioners. After providing an opportunity of hearing, the enquiry report was submitted, and based on that report, a show cause notice was given, to which a reply was submitted, and thereafter, the dis­ciplinary authority issued an order of dismissal on the basis of the charge so proved against them. The petitioners filed an appeal which was rejected, against which, a revision was filed which was also dismissed. Consequently the writ petitions.
(3.) THE learned counsel for the petitioners submitted that the District Judge while extending the remand of the undertrial, had directed the authority to keep the undertrial in the hospital, as he was suffering from a heart trouble and that the doctors while discharging the undertrial from the NMC Heart Centre, Noida, had also advised a MRI, and on this basis, and considering the gravity of the condition of the undertrial, the petitioners admitted the undertrial in Kailash Hospital upon intimation to the higher authorities. The petitioner's contended that they were only following the orders of the doctors and had intimated their superior authori­ties and did not commit any illegality. The learned counsel for the petitioners further submitted that assuming that the petitioners had misconducted them­selves, the offence was not so grave nor the misconduct was so serious to war­rant a punishment of dismissal from the service and submitted that the punish­ment awarded did not commensurate with the misconduct.;