Judgment

KASLIWAL, J.:- This appeal by special leave is directed against the judgment of the Bombay High Court dated 30th June, 1977. It is not necessary to mention the facts in detail, as this appeal succeeds on a short point. Dr. Dattatraya Mahadev Nadkarni (since deceased) - (hereinafter referred to as the appellant) was employed as Medical Assistant in the Municipal Corporation of Greater Bombay. He was served with a charged sheet dated 5-7-1961. The, charges levelled against him were that while suspended from duty from 2-11-1960 he failed to give charge of the Registers of International Health Certificates sued in 1957, 1958, 1959 and up to March 1960. In spite of thorough search the Registers of the above Certificates were not found in the dispensary. The appellant was thus guilty of negligence (1) for the loss of the Registers and (2) for not giving proper charge of the dispensary. The Deputy Municipal Commissioner (Labour) agreeing with the report of the Inquiry Officer, issued a show cause notice to the appellant holding that the charges mentioned in the charge sheet were proved against the appellant. The appellant was directed to show cause as to why he should not be dismi