Mr. R. C. Lahoti, J.-

( 1 ) THIS petition filed on 16. 8. 94 by an employee of the respondent-Delhi Transport Corporation, holding post of a Driver, seeks quashing of the charge-sheet dated 19. 2. 87 (Annexure P-2) and notice dated 17. 8. 87 (Annexure P-l ) requiring him to show cause against the proposed penalty in a departmental enquiry proceedings.

( 2 ) HAVING heard the learned Counsel for the parties, we are unhesitatingly of the opinion that the present petition is not only not maintainable, but is also a gross abuse of the process of the Court and hence must be dismissed.

( 3 ) THE charge against the petitioner was for his remaining absent frequently on 165 days leave without pay from the period from 1. 10. 85 to 30. 9. 86 amounting to misconduct within the meaning of para 19 (1) of the Standing Orders governing the DTC employees.

( 4 ) INSTEAD of answering the show cause notice, the petitioner chose to try his luck before a Civil Court. On 11. 9. 1987he filed a civil suit in the Court of Sub-Judge, Delhi and therein on 15. 9. 87 he succeeded in securing an ex-parte ad-interim injunction restraining further proceedings in the D. E. The DTC contensted the civil suit. On 30. 7.

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