S.C. Das, J.

1. The genesis of both the writ petitions, is an incident, which occurred on 23.9.2003 at about 5.00 p.m. in the office premises of National Research Centre for Mushroom (for short, NRCM), at Chambaghat, Solan, Himachal Pradesh. Both the respondents, Dr. Sarveshwar Dayal (hereinafter referred to as Dr. Dayal) and Dr. Yash Gupta (hereinafter referred to as Dr. Gupta) are husband and wife and they were on their official duty, while working as Scientist (Senior Scale) under Indian Council of Agricultural Research (for short, ICAR). Having considered the submissions, made by learned counsel of both sides, both the writ cases are taken up together for hearing and disposal, since the cases arose out of same incident and identical question of law and-fact, involved in both the cases for decision by this Court. Therefore, this common judgment shall govern both the cases.

2. NRCM is an organization having its office/establishment at Solan, Himachal Pradesh under ICAR. The petitioners, herein, are the superior authorities/disciplinary authorities of the respondents in the ICAR. Dr. Dayal, respondent of WP (C) No. 4569 of 2010 and Dr. Gupta, respondent of WP (C) No. 5248 of