( 1 ) BOTH these writ petitions have been directed to be heard together and as such they are being disposed of by this common order. In both the petitions filed under Article 226 of the constitution of India, petitioners pray for 5 quashing of the memorandum of charge dated july 14, 1997 by issuance of an appropriate writ order or direction.

( 2 ) LAVKUSH Prasad Gautam (petitioner in w. P. No. 38/1998) and Ganesh Prasad (petitioner in W. P. No. 324/1998) were working in the Food Corporation of India as assistant Grade III and Watchman respectively. In the year 1980, according to the respondent Corporation, they connived with the transport contractor and misappropriated one truck of rice, by manipulating the records. Respondent Corporation initiated recovery proceedings against the contractor and in terms of the agreement between them dispute was referred to an arbitrator. Till date, the arbitration proceeding has not come to an end. However, for the incident of 1980 respondent corporation decided to initiate a departmental enquiry against the petitioners by issuing memorandum of charges dated July 14, 1997. According to the statement of article of charges petitioner