B.K. Sharma, J.

1. The petitioner, who was a driver under the respondent-Corporation, is aggrieved by the order of removal from service, which was so passed, pursuant to a departmental proceeding against him.

2. The departmental proceeding against the petitioner was initiated firstly by placing him under suspension by Annexure-'B' order dated 20.6.2000 and thereafter, by issuing charge sheet dated 10.10.2000 under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964. The departmental proceeding was in respect of the death of the conductor of the bus which the petitioner had driven. Altogether charges had been leveled against the petitioner, but in effect, there was only one charge as could be gathered from the charges and the statement of allegation. Although the charge is stated to be driving of the vehicle carelessly and negligently, but on a reading of contents of the charges coupled with the statement of allegation, truly speaking, there was no such distinct and definite article of charge against the petitioner.

3. All the charges together with the statement of allegation only referred to the particular incident which occurred on 16.6.2000 on which date, the peti