Dipankar Datta, J.

1. The appellant in this writ appeal calls in question the judgment and order dated January 29, 2013 passed by the learned single judge dismissing his writ petition.

2. Certain facts are undisputed. The appellant was initially appointed as bus driver by the Assistant Director (Admn.), Directorate of Transport, Andaman and Nicobar Administration on a daily wage of Rs.39/-w.e.f. December 15, 1993. On the recommendation of the Departmental Promotion Committee for Group ‘C’ posts, the Director of Transport (the second respondent) vide office order no.2125 dated August 20, 1997 appointed 5 (five) daily rated bus drivers including the appellant as bus driver purely on adhoc basis for a period of 6 (six) months in the scale of pay of Rs.950-1500/- together with dearness allowance and compensatory allowance as admissible under the rules with immediate effect. Close on the heels of such appointment, memo dated October 6, 1997 was issued to the appellant by the Director. It was alleged therein that the appellant had misappropriated 119 litres of HSD oil by way of showing excessive consumption thereof, which is a serious offence and deserved to be dealt with severel