JUDGMENT

DESAI, J.:— Respondent Ram Ratan was employed as a Forest Guard in the Forest Department of Madhya Pradesh Government. He was served with a charge-sheet dated March 6, 1969, in which he was accused on misconduct. Respondent refuted the charges. A departmental enquiry was held by the Divisional Forest Officer. Mr. Malhotra, in respect of the charges framed against the respondent. Charges of misconduct was held proved whereupon the punishing authority served respondent with a second show cause notice dated February 12, 1970, as contemplated by Article 311 (2) of the Constitution as it stood prior to its amendment by the Constitution (Forty-second Amendment) Act, 1976. The dispute in this appeal centres around the construction of this notice No. E/1/2053 dated February 12, 1970, and its relevant portion may be extracted:

"....the Enquiry Officer has concluded in the report that he is guilty of the above mentioned charges. Hence as a result of the abovesaid charges having been established, why you shall not be imposed major penalty under the M. P. Civil Services Act?....

Why you will not be removed from the State service by imposing the above said punishment?

2. After the respond