(1.) THIS is an application by the petitioner for an appropriate writ in order to quash an order of the respondent dated 3 October 1962 discharging the petitioner from service.
(2.) THE petitioner was appointed by the respondent as an assistant traffic inspector on 8 January 1960, against a permanent post. On 7 August 1962, the petitioner was posted at Handwara an assistant traffic inspector when a Government transport vehicle No. 697a was Involved In an accident, which, It is alleged, the petitioner himself was driving. Thereupon a chargesheet was submitted against the petitioner by the Deputy Transport Commissioner on 10 August 1962 and the petitioner was asked to explain the charges mentioned in the chargesheet. In the meantime a prosecution was also launched against the petitioner for the very incident which was the subject-matter of the departmental chargesheet. The petitioner pleaded illness hi the first Instance and subsequently he submitted an explanation dated 20 August 1962 praying that the departmental enquiry be stayed during the pendency of the criminal case which was regarding an identical incident lest it may prejudice the case of the petitioner before the criminal Court.
(3.) NO action appears to have been taken on the explanation of the petitioner, nor any notice was sent to him intimating to him that the departmental enquiry was not going to be stayed but Instead on 24 September 1962, the respondent served an order on the petitioner to show cause why he should not be discharged from service inasmuch as the respondent was satisfied from the enquiry report that he had been guilty of rash and negligent driving. This notice is annexure V and it is common ground that the enquiry report on the basis of which this notice was given to the petitioner was not sent to the petitioner at all. Thereafter the petitioner submitted his explanation, which not being accepted, he was discharged from service.