(Rajiv Sharma, J.) - By way of this common judgment CWPs No. 705 of 2001 and 598 of 2002 are disposed of together since common questions of law and facts are involved in these petitions.

2.The brief facts necessary for the adjudication of this petition are that the petitioner in CWP No. 598 of 2002 was appointed as driver on regular basis in the Himachal Pradesh Transport Corporation on 12.4.1985. He was charge-sheeted and departmental inquiry was initiated against him under Rule C.C.S. (CC&A) Rules, 1965. The Articles of charges “Annexure P-1” dated 17.11.1994 reads thus :-

“Statement of articles of charges framed against Shri Brij Lal, Driver, Himachal Road Transport Corporation, Rohru.

Article-1 That the said Shri Brij Lal, while on the rolls of HRTC, Rohru and working in the capacity of Driver is alleged to have consumed liquor on 11.10.1994 while on duty and was arrested by the Police at Sawra while catering Rohru-Jhagtan service, resulting another bus had to be deputed to cater the above service thereby caused unnecessary loss to the Corporation.

Sd/-

Head of Office,

HRTC, Rohru.

Statement of imputation of misconduct or misbehaviour in support of the article of char