Judgement

SHAH, J. : The State of Madhya Pradesh held an enquiry against the appellant Dr. Bool Chand-a member of the Indian Administrative Service - on charges of "gross misconduct and indiscipline" in respect of the conduct of the appellant when he was Collector District Rajgarh. The Enquiry Officer held that in recording certain remarks "regarding association of the Commissioner of Bhopal with one B. L. Gupta a pleader of Zirapur" the appellant was actuated by malice" and his conduct offended against official propriety, decorum and discipline", and that the appellant had without permission removed a safe from the Rajgarh Treasury. The President of India served notice upon the appellant requiring him to show cause against the order of compulsory retirement proposed to be passed in regard to him. The President also consulted the Union Public Service Commission. The Union Public Service Commission was of the view that " in the light of the findings and conclusions stated by them and having regard to all the circumstances relevant to the case the penalty of compulsory retirement on proportionate pension should be imposed upon" the appellant, and they advised the President according