S. K. MAL LODHA, J—In this petition, the petitioner has obtained a rule from this Court calling upon the respondents to show cause why a writ of prohibition, or any other appropriate writ, order or direction should not be issued under Art. 226 of the Constitution prohibiting them from proceeding with the departmental enquiry and from removing the petitioner from his service until the disposal of the criminal case, pending against him.

2. The petitioner was appointed as a Lower Division Clerk in the office of the Executive Engineer, National Highway, Udaipur by a Government order dated March 26, 1955 and he was confirmed on that post with effect from July 10, 1964. He was promoted to the post of Upper Division Clerk by the order dated February 4, 1966. He joined on that post on February 5, 1966 and, thereafter, continued to work as such. On September 16, 1971, he was suspended by the Superintending Engineer, P.W.D. ( B & R), Circle II, Udaipur (respondent No. 3). He was served with a charge-sheet under r. 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on May 17, 1972. The statement of charges, framed against the petitioner was submitted with the writ petition as Ex. 1/2. Four charges were levelled against the petitioner, which are as under:

"CHARGE I: That the said Shri Jagdish Prasad while functioning as Store Keeper, P.W.D. (B & R) Banswara during the period from 27-1-70 to 20-9-71 allowed 9 (nine) bundles of steel bars to be taken from P.W.D. (B & R) Store Banswara without any proper indent or authority as indicated in paras one to three of the statement of allegations.

CHARGE II: That during the aforesaid period and while functioning in the aforesaid office, the said Shri Jagdish Prasad left the head quarters on 24-8-71 without obtaining prior permission and did not join his duties upto 20-9-71 inspite of communication of refusal of leave. He also kept the keys of some store rooms with him as indicated in para IV & V. of the statement of allegations.

CHARGE III : That during the aforesaid period and while functioning in the aforesaid office, the said Shri Jagdish Prasad kept the Government steel in the P.W D. Stores without regular entry in the quantity accounts of the Stores as indicated in para six of the statement of allegations.

CHARGE IV : That Shri Jagdish Prasad, while functioning as Store keeper P.W.D. (B & R), Banswara during the period from 27-1-70 to 20-9-71 issued the iron bars less in quantity against the indents for various works and the bars as illegally saved were not brought to accounts in the books. Shri Jagdish Prasad is, therefore, charged for issuing less bars illegally and not accounting the same in the books of P.W.D. Stores."

3. The only charge, which is relevant for the disposal of this writ petition, is that while working as a Store Keeper at Banswara from January 27, 1970 to September 20, 1971, the petitioner allowed nine bundles of steel bars to be taken away from P.W.D. (B & R), Banswara without any proper indent or authority in a truck by Birdichand. The petitioner has also stated that F.I.R. was lodged initially against Birdichand on August 21, 1971 at Police Station, Banswara.

4. The allegation against the petitioner in the criminal case is that he has committed an offence of theft in respect of nine bundles of steel bars numbering 68, which is punishable under section 379, I.P.C. The aforesaid criminal case is pending against the petitioner. Meanwhile, the department also initiated the Departmental Enquiry and examined 8 witnesses. The Enquiry Officer submitted his report on July 7, 1975. On receipt of the report, the Superintending Engineer (Disciplinary Authority) issued a show cause notice to the petitioner dated January 12, 1979, which was served on January 15, 1979 to the effect that why he should not be removed from service.

5. For quashing the show cause notice, dated January 12, 1979, the petitioner has submitted this writ petition. Reply to the writ petiti

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