Kamleshwar Nath, J. - (1.) The petitioner Raj Kishore Saxena, was a motor driver in Shahjahanpur Division of the Narcotics Department there and was dismissed from service by order dated 14-2-80 passed by Deputy Narcotics Commissioner, opposite party No. 3, contained in Annexure 4 to the writ petition. The petitioner preferred an appeal on 27-2-1980 against the order of dismissal. The appeal was partly allowed and the penalty of dismissal was reduced to a penalty of removal from service by the Narcotics Commissioner, opposite party No. 2: the order of reduction in penalty was communicated to the petitioner by the Assistant Narcotics Commissioner's order dated 30-6-1980 contained in Annexure-5 to the writ petition.
(2.) This petition has been filed for a writ of Certiorari to quash both the above orders dated 14-2-1980 (Annexure-4) and 28-6-1980 (Annexure-5). There is also a prayer for Writ of Mandamus to treat the petitioner as continuing in service as a motor driver with all connected privileges and benefits etc.
(3.) Disciplinary enquiry proceedings were instituted against the petitioner on the charge of having assaulted Sri H.C. Punshi, Inspector (P) of Bareilly Division while on tour to Shahjahanpur Division on (sic) and thereby the petitioner was alleged to have committed gross misconduct and a contravention of certain provisions of Central Civil Services (Conduct) Rules, 1964. On a charge-sheet having been served upon him. he denied the allegations. One Sri A.P. Mathur, Divisional Opium Officer, Barabanki I division, was appointed Enquiry Officer. His report was considered by the Deputy Narcotics Commissioner, who held in his order dated 9-8-1977 that the charge was not fully established; consequently he exonerated the petitioner, vide Annexure-l to the writ petition.;