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2018 Supreme(Chh) 181

THOTTATHIL B.RADHAKRISHNAN, SHARAD KUMAR GUPTA
State of Chhattisgarh, through : the Secretary, Government Of Chhattisgarh, Department of Home Affairs – Appellant
Versus
Loman Lakara S/o Lalu Lakra – Respondent


Advocates Appeared:
For the Appellants : Shri UNS Deo
For the Respondents: Shri PKC Tiwari, Shri Shashi Bhushan Tiwari

JUDGMENT :

Thottathil B. Radhakrishnan, J.

1. We have heard the learned Government Advocate and the learned senior counsel appearing for the private Respondents in these writ appeals which arise from a common judgment.

2. Proceedings on account of alleged indiscipline were initiated and carried as if all the Respondents were concerned in one case. Act of cowardice is also attributed to them. The learned Single Judge found that Rule 18 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966; hereinafter called as 'Rules', has not been followed in a common proceeding against them and therefore, the common proceeding should fall on that jurisdictional issue. This is under challenge by the State.

3. Sub-rule (1) of Rule 18 of the Rules provides that where two or more Government servants are concerned in any case, the Governor or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding. The Note to that sub-Rule provides that if the authorities competent to impose the penalty of dismissal on such Governm







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