JUDGMENT

Raju, J.-Leave granted.

2. The appellant, who was working as Anaesthetist in Kamla Nehru Memorial Hospital, Allahabad, was issued with a Memo dated 5.1.1999, bringing to her notice a lapse in that she left without informing even Dr. Banerjee, when he requested her around 1300 hrs. to give anaesthesis to one patient admitted in emergency with shock due to ruptured uterus, which needed urgent operation, and such conduct not only amounted to negligence as per Hospital Service Rule 10(i) but also was against medical ethics. She was also asked to submit her explanation by 5.00 P.M. on 6.1.1999, failing which it would be taken that she accepted the lapse and the Hospital would be at liberty to proceed against her as per Service Rules. Since the appellant did not respond, on 8.1.1999 the appellant was placed under suspension with immediate effect, pending institution of a domestic enquiry pertaining to the above incident. On receipt of the said Memo on 9.1.1999, the appellant replied to the Secretary of the Hospital that she had already clarified her position verbally in his presence that on that day she was sick and very tired, that Dr. Navneeta Banerjee also denied having made a