Heard learned counsel for the petitioner and learned counsel for the Punjab National Bank.

2. Since this application can be disposed of at the admission stage without asking for any detailed counter-affidavit to the allegations made in the writ application by the respondents and since Mr. Prasad, learned counsel for the respondents has provided to us sufficient assistance to come to a fair conclusion, we do not propose to admit this application to hearing and accordingly dispose it of at the admission stage itself.

3. The petitioner is an officer employed in the respondent bank and subjected to a departmental proceeding. Respondent no. 5 hat been appointed as the enquiring officer. The petitioner has objected to the enquiry by him on the ground that he is not a public servant and that only a public servant could be appointed by the appointing authority to conduct the enquiry in terms of the rules framed for the said purpose as contained in Annexure-8’ of the writ application. The relevant rule reads a5 follows :-

"Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an off