Beg, J. - (1.) This is a special appeal against an order of a learned single Judge. It arises out of a writ petition filed by the appellant Sri Ranbir Singh against the respondent who is the Superintendent of the Small Arms Factory, Kanpur. Sri Ranbir Singh was a Machinist, Grade (C) in the Small Arms Factory, Kanpur, which is one of the Indian Ordnance Factories, under the Ministry of Defence, Government of India. His appointment to this post was made by the respondent,
(2.) On 5-1-1955 a verbal complaint was made against the appellant by the Supervisor. On the basis of this complaint, the appellant was served with a charge-sheet dated 5-1-1955, calling upon him to show cause against two charges, namely, (1) assaulting Shri S. Roy, Supervisor, and (2) causing cessation of work and thereby causing loss to Government,
(3.) Thereafter a Court of Enquiry was constituted by the respondent to try the appellant in respect of the charges framed against him. The said Court of Enquiry framed a charge against the appellant calling upon him to show cause against the two acts mentioned above. Witnesses were produced in the Court of Enquiry. After hearing the entire evidence of the witnesses, the Court of Enquiry submitted its report to the respondent. Thereafter, the respondent passed an order dated the 16th March 1955, calling upon the petitioner to show cause why he should not be dismissed from service on charge No. 1 only. The actual order passed by respondent No. 1 at this stage which may be described as the second stage of the trial of the petitioner has an important bearing in this case and runs as follows: "I have carefully examined the proceedings of Court of Enquiry held vide Office Order No. 2, dated 20-1-1955 and I consider that the charge at (a) of "Gross misconduct" as levelled in Charge Sheet No. 43/C/RS/IE, dated 5th January 1985 against you has been established as correct. You are, therefore, asked to "show cause" why you should not be dismissed from service." Thereafter follow two other paragraphs giving the appellant seven days' time to submit his reply, and stating that if no reply was received within the aforesaid time, it would be assumed that Sri Ranbir Singh had nothing to say in the matter and the penalty proposed would be imposed forthwith.;