1. The Petitioner is an Assistant Engineer who has been placed under suspension by Ext. P-7 dated 2-7-1957 and regarding whom a formal and public inquiry has been ordered by Ext. P-9 dated 21-11-1957 under S.2 of the Public Servants (Inquiries) Act 1122. S.2 of the Act reads as follows:

"If, after a preliminary inquiry or otherwise, our Government are of opinion that there are sufficient grounds for making a formal and public inquiry into the truth of any imputation of misconduct by any person in the service of Our Government not removable from Office without their sanction, our Government shall cause the substance of the imputations to be drawn up into distinct articles of charge and shall order a formal and public inquiry to be made into the truth thereof".

It is clear from the section that the foundation for ordering a formal and public inquiry is the Government's SATISFACTION that there are sufficient grounds for making such an inquiry into the truth of any imputation of misconduct by a person in the service of the Government and not removable from Office without their sanction.

2.Ext, P-9 however speaks not of imputations of "misconduct" but of imputations of "irregu