The main legal point established in the judgment is that negligence in the discharge of duty does not constitute misconduct unless the consequences directly attributable to negligence would be irreparable or the resultant damage would be heavy.

Ram Surat Ram (Maurya),J.: -

Heard Sri Imran Syed, for the petitioner and S.P. Singh, Standing Counsel, for the respondents.

2. The writ petition has been filed for quashing the orders of Hon'ble Chief Justice, Allahabad High Court, dated 12.04.1979, modifying the order of Registrar from 'dismissal from service'' to "reduction in rank from Upper Division Clerk to Lower Division Clerk" and 09.06.1988 rejecting the representation of the petitioner and Registrar, Allahabad High Court, dated 16.01.1979, dismissing the petitioner from service, in the disciplinary proceedings initiated against the petitioner.

3. In May, 1974, the petitioner was posted as Head Counter, Paper-Book Section, First Appeal Section of the High Court. On 27.03.1976, Om Prakash Singhania, who was appellant in First Appeal No. 249 of 1959 and his mother Smt. Hira Singhania was appellant in First Appeal No. 348 of 1958 (both were connected) filed a complaint that these appeals were filed from the orders of Additional District Judge in Probate Suits. On the notice of estimated costs for preparation of Paper-Book, his mother deposited Rs. 560.00. After printing of the Paper-Book, it was noticed by the counsel for the appellant that various important papers were not included in the Paper-Book, then the counsel for the appellant filed a list of papers and prayed for preparation of a Supplementary Paper-Book. On which Joint Registrar vide order dated 03.09.1969 directed for preparation of Supplementary Paper-Book and also directed for adjusting the remainder of previously deposited amount. The office issued a notice dated 02.05.1974 to the counsel for the appellant to deposit Rs. 15.31 as the revised estimate for printing Supplementary Paper-Book, giving 30 days time. Thereafter, the office issued another notice dated 09.07.1974 (received on 15.07.1974) to the counsel for the appellant to deposit Rs. 87.70 as the revised estimate for printing Supplementary Paper-Book, giving 30 days time. But these amounts could not be deposited as at that time his mother was out of station in connection of her treatment. The appeals were listed for final hearing on 20.08.1974 without giving any notice that the appeals were ready for final hearing. The counsel for the appellant was in impression that due to not depositing the costs of Supplementary Paper-Book, the appeals were not ready for final hearing and was not ready to argue it. In morning, on 20.08.1974, the counsel for the appellant informed the reader that the appeals were not ready and wrongly listed, then the reader informed him that Supplementary Paper-Book was printed and the appeals were ready. When the appeals were taken up, the counsel for the appellant requested for adjournment but the appeals were dismissed in default. Restoration Applications filed on his behalf were dismissed on 27.09.1974. The application for review of the order dated 27.09.1974 were rejected on 24.07.1975. Third application moved by the appellant was allowed on 20.04.1977 and the appeals were restored to its original numbers on the costs of Rs. 500/-. On inquiry being made after order dated 20.08.1974, it was learnt that Rs. 15.31 was deposited by the clerk of Sri V.B. Singh, who was counsel for the respondents in these appeals. The Supplementary Paper-Book was got prepared during summer vacation in haste as the employees of First Appeal section colluded with the counsel for the respondents and got deposited the amount of the notice dated 02.05.1974 from him and get the Supplementary Paper-Book printed to harm the appellant.

5. On the complaint, a preliminary inquiry was held by Lakshmi Kant in which four persons were prima facie found guilty and charge sheets were issued to them namely (i) Harihar Prasad, Group In-charge, First Appeal Section, (ii) Parmeshwar Din, Munsrim, who was In-charge of the Section of original record room (ii) Shiv Prasad II, Head Counter, Paper-Book Section, First Appeal Section and (iv) Jagdish Sahay Srivastav, P