S.B.Sinha, A.C.J. - (1.) The sole question which arises for consideration in this appeal is whether the Special Officer (Administration) of the first respondent herein was competent to pass an order of punishment unto the appellant herein. The facts of the matter are as follows:
(2.) The appellant was a conductor appointed by the Depot Manager, Belghoria Depot on or about May 10, 1967. Admittedly a disciplinary proceeding was initiated and by reason of an order dated April 18, 1978, the Special Officer (Administration) had issued a charge sheet against him. The Enquiry Officer appointed to enquire into the charges, submitted a report on or about June 5, 1978 whereby and whereunder, the charges levelled against the petitioner have been held to have been proved. The Special Officer (Administration) thereafter issued a second show cause notice which was questioned by the appellant by filing a writ application praying, inter, alia; "(a) Declaration that the second show cause notice dated June 14/15, 1978, being Annexure 'F' is ultra vires the provisions as contained in Regulation 38 of the Calcutta State Transport Corporation Employees Service Regulation. (b) A writ of and/or in the nature of Mandamus do issue commanding the respondents to act and proceed in accordance with law and further commanding the respondents to cancel, and/or withdraw and rescind the purported charge sheet dated April 18, 1978, being Annexure 'B', purported Enquiry Report dated June 5, 1978, being Annexure 'D', and the purported second show cause notice dated June 14/15, 1978, being Annexure 'F' and from giving any effect or further effect to the purported orders."
(3.) It appears that the petitioner was dismissed from his service.;