- (1.) Heard counsel for the parties.
(2.) The petitioner in this writ application is aggrieved by the impugned order dated 10.03.2003 (Annexure-6) passed by the respondent No. 2 who happens to be the disciplinary authority of the petitioner, whereby the petitioner was dismissed from service.
(3.) The petitioner was employed as a Conductor under the BSRTC. On a complaint that he had misconducted himself by indulging in certain offensive acts, a preliminary inquiry was conducted against him. The report of the inquiry was submitted to the disciplinary authority containing a finding therein that there appears a prima facie case against the petitioner in respect of the acts of misconduct. It appears from Annexure-3, which is the report of the preliminary inquiry that on the basis of the findings recorded therein, an opinion was expressed that was material enough for initiating a departmental proceeding against the petitioner for specific charges. It however appears that merely on the basis of the preliminary inquiry report, the disciplinary authority had proceeded to record the impugned order of punishment against the petitioner even without conducting any departmental proceeding nor having served any copy of the charge sheet upon the petitioner.;