( 1 ) D. L. PANDYA, petitioner, has filed this petition with a prayer to issue a writ of mandamus or any other appropriate writ, order or direction directing respondent No. 1 State of Gujarat through the Secretary, home Department (Transport) and respondent No. 2, Special Officer of inquiries, Gandhinagar to quash and set aside the chargesheet or in the alternative, grant permission to appoint Shri R. B. Dave, a retired Motor Vehicle Prosecutor and at present a practising advocate to defend the petitioner in the inquiry. The present petition was filed on 1. 7. 2004. This Court (Coram: Ms. R. M. Doshit, J) on 23. 7. 2004 issued notice returnable on 3. 9. 2004. I have heard Mr. R. B. Dave, learned advocate for the petitioner and Mr. Gori, learned AGP, on behalf of the Government. Looking to the issue involved in the matter, rule is issued. Mr. Gori, learned AGP, waives service of rule on behalf of the Government. With the consent of the parties, the matter is heard finally.

( 2 ) THE facts giving rise to this petition are as under;2. 1 The petitioner who was serving in Motor Vehicle Department had additional charge of RTO, Ahmedabad and he was attending the RTO, Ahmed