ORDER M.R. Verma, (Retd.) Chairman (Oral) :- The grievance of the applicant in this original application is that he has been held guilty of delinquency of very high order and has been directed to show cause as to why his services as a driver with the respondents be not dispensed with vide show cause notice dated April 24, 2000 without holding any enquiry. Hence, this application for quashing the show cause notice Annexure A/2. 2. The respondents resisted the application on the ground that this is merely a show cause notice which has been issued to the applicant therefore, his application is premature. 3. We have heard the learned Counsel for the parties in detail. 4. It is not in dispute that the applicant is a regular employee of the respondents and in the matter of disciplinary proceedings C.C.S. (CCA) Rules, are applicable. It is also not in dispute that before issuing Annexure A/2 to the applicant no enquiry whatsoever has been held into the allegations against him that he was driving a bus under the influence of liquor and thereby has committed an act of "delinquency of very high order". 5. A plain reading of Annexure-A/2, the alleged show cause notice reveals that by this notice the applicant has not been called upon to explain the alleged misconduct nor he has been called upon to show cause as to why disciplinary proceedings be not initiated against him for having committed the alleged act of "delinquency" On the contrary, the show cause notice itself concludes that the applicant on April 9, 2000 was driving the bus under the influence of liquor endangering human lives, limbs and property and is not a fit person to be retained in service, therefore, he is called upon to show cause as to why his services should not be dispensed with. Evidently, the notice is not worded as a pre-charge stage show cause notice should be worded. In fact, the show cause notice A/2 as per its contents, for all intends and purposes is a notice which could have been issued under Rule 15 of CCS. (CCA) Rules, after holding the applicant guilty of alleged misconduct after due enquiry as per the provisions of Rule 14 of the CCS (CCA) Rules.
In fact, the show cause notice A/2 as per its contents, for all intends and purposes is a notice which could have been issued under Rule 15 of CCS. (CCA) Rules, after holding the applicant guilty of alleged misconduct after due enquiry as per the provisions of Rule 14 of the CCS (CCA) Rules. Apparently the show cause notice not being in conformity with the requirement of Rules and having pre-concluded the guilt of the applicant without holding any enquiry is unsustainable in law. 6. As a result, show cause notice Annexure A/2 is quashed and set aside. 7. It is however, clarified that nothing contained in this order shall be deemed to have debarred or restrained the respondents from taking disciplinary action against the applicant for the alleged misconduct in accordance with the relevant rules.