Judgment

Shah, C.J.I. -The appellant who was employed as a forest ranger by the State of Madhya Pradesh was on October 21, 1964, ordered to be suspended for certain alleged dereliction of duty. A charge-sheet along with a statement of the charge was supplied to him on the same day and he was called upon to appear before an Enquiry Officer. The appellant made representations to the Government and to the Enquiry Officer that he was not being paid subsistence allowance and on that account he was unable to appear at the place of enquiry which was five hundred miles away from the place where he was residing. The Enquiry Officer proceeded to hold an enquiry ex parte. He reported his findings to the appointing authority. The appointing authority accepted the report and required the appellant to show cause why he should not be dismissed from service. The appellant s request to grant a personal hearing was rejected and an order dismissing the appellant from service was passed. The appellant then submitted a petition for quashing the order of dismissal. In that petition he stated that one of the reasons for his failure to appear was that he was not paid the subsistence allowance even though h