P. B. MUKHERJI, J.

( 1 ) THIS is an application by Dulal Ranjan Adetya under Article 226 of the Constitution for a Writ of Mandamus and Certiorari in respect of the order of his dismissal. By order dated 23rd/26th February, 1957 and 26th April, 1957 the applicant was discharged from service.

( 2 ) THE facts of this case may be briefly stated. The applicant was appointed as a Bus Conductor in the State Transport Service on the 15th May, 1952 at a monthly salary of Rs. 50/- plus the usual allowances. The appointment was made by one R. K. Bose, then known as the Director of Administration in the Directorate of Transportation, Government of West Bengal. On the 21st November, 1956, the applicant was served with a charge sheet from R. Ghose, Director of Operations. The charge sheet informs him of the serious complaint against the applicant. The gist of the complaint is that the applicant refused to perform his duty and he was charged with 'gross dereliction of duty and gross insubordination'. In fact, the charge sheet expressly states that it has been reported that in the second shift on 20-11-1956 during change of shift at Howrah Control Point at 13-50 hours when the applicant was all

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