1. The petitioner has filed this writ petition for the issued of a writ of certiorarified mandamus to quash the proceedings of the Director of Medical Services and Family Welfare, Madras in Ref. No. 77213/ESI/SC/2/77, dated 26th February, 1979, and to restrain the respondents from proceeding further against the petitioner pursuant to the impugned proceedings.

2. The facts leading to the filling of this writ petition may be briefly set out as follows. In 1977 the petitioner was employed as a Superintendent of the Employees' State Insurance Hospital. Madras. On 11th December, 1977, a patient by name Vasudevan was found lying unconscious in the gardens of the E.S.I. Hospital at about 5 A.M. He was immediately taken to the Government General Hospital. On the way to the hospital the patient died. Thereafter the petitioner retired from service on 31st March, 1978. On 26th February, 1979, the charge memo which is impugned in this proceedings was served on the petitioner. The charge memo contains the following two charges.

"Charge 1 :- That as a Superintendent being the head of the Institution he ought to have conducted on the spot enquiry and submitted a report to the Director of Me