K.Kannan, J.

1. The writ petition challenges the order of dismissal from service of the petitioner, who was a Superintendent (Warehouse Manager). The charges imputed against him were pilferage of fertilizer stocks, misappropriation of stocks, violation of standing instructions regarding maintenance of record and non-depositing of duplicate keys with the Bank with ulterior motive. The enquiry was constituted by the proceedings of the Managing Director through a memorandum issued on 02.07.1985 and after the Enquiry Officer found him guilty of the charges levelled against him after a full fledged enquiry, the Disciplinary Authority accepted the report given by the Enquiry Officer and finding himself in entire agreement with the report, an order of dismissal was made on 19.01.1988 by the General Manager. An appeal filed against the decision was dismissed and the writ petition impugns these proceedings.

2. The learned counsel urged at the foremost of his arguments that the Appointing Authority of the petitioner was the Managing Director and the order of removal impugned in the writ petition had been issued by a person lower in rank namely General Manager. In effect, the petition