- (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 18.8.05 and was given custody to the petitioner, Ram Pal Singh, who was posted on duty.
(3.) 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.;