(1.) This application has been filed for issuance of a writ in the nature of certiorari for quashing the order as contained in memo dated 6.7.2004 (Annexure-9), whereby the petitioner has been dismissed from service as a measure of punishment, after a departmental enquiry.
(2.) Shorn of unnecessary details facts giving rise to the present application are that by order as contained in memo dated 2.1.1999 (Annexure-1) petitioner was put under suspension for the alleged misconduct committed by him in purchase of medicine from Medical Store Depot Kolkata, hereinafter referred to as the Depot, while posted as District Tuberculosis Officer. Thereafter a departmental proceeding was initiated against him and he was served with a memo of charge, which contained the following three charges :
(3.) Petitioner submitted his explanation dated 29.4.1999 in which he has admitted the allegation made in respect of charge number one in placing the purchase-order to the Depot, directly but his plea was that he had instructed the office to send the purchaseorder through proper channel but later on he came to know that it was set directly to the Depot. In the show cause, petitioner tried to emphasise that the procedural irregularity committed by him was not actuated with motive and in fact the medicine was received and entered in the Store Register.