Judgment

GAJENDRAGADKAR, J. : The appellant was employed as Assistant Station Master at Rawtara on the Katihar-Jogbani branch of the North-eastern Railway. On January 9, 1957, he was served with an order reducing him to the rank of Signaller. The validity of this order was challenged by him by a writ petition filed in the High Court of Judicature at Patna on July 3, 1957. The High Court, however, summarily rejected the said petition on July 4, 1957. The appellant s application for a certificate under Arts. 132 (1) and 133 (1) (c) of the Constitution was likewise rejected by the High Court. Thereupon the appellant applied for and obtained special leave from this Court. The appellant s grievance is that the impugned order has been passed against him without giving him an opportunity to meet the charge as required by Art. 311 of the Constitution. This contention appears to be well-founded; and so the appeal will have to be allowed. It appears that the material facts under which the impugned order came to be passed were not properly brought to the notice of the High Court; otherwise the High Court would not have summarily dismissed the appellant s petition.

2. On June 9, 1956, there was