The petitioner in the rank of Driver/ Lance Naik, who has been dismissed from service pursuant to a departmental proceeding drawn up against him, has made a challenge to the same on ground of procedural irregularity in conducting the enquiry, perverse finding of the Enquiry Officer based on which the penalty of dismissal from service has been imposed and discrimination in the matter of awarding the penalty.

2. The petitioner, while was serving as Driver/Lance Naik, was taken up for a departmental proceeding by way of a first show cause notice dated 25.9.1998. The proceeding was numbered as D.P. No.5/ 1993. The charge levelled against him reads as follows:

"That while you were attached to Patacharkuchi P.S. with unit vehicle No. ASP-808 you drove the unit vehicle No ASP-808 on 28.6.93 at 11.45 P.M. in which UBSI Surendra Nath Sarma 2) UBC/1398 Lohit Doimary of Patacharkuchi P.S. 3) NK/172 Jogen Ch. Nath 4) C/366 Aban Borgohain 5) C/577 Padmadhar Medhi 6) C/641 Moneswar Boro and 7) C/636 Tapan Ch. Das of 7th A.P. Bn camping at Patacharkuchi P.S. travelled from Patacharkuchi Police Station to Pathsala side on National Highway No.31. On that night of 28/29.6.93 you found