Judgment

HEGDE, J.: This appeal was brought after obtaining from the High Court a certificate under Articles 132 and 133(1) (c) of the Constitution. Before formulating the points arising for decision, it would be convenient to set out the necessary facts.

2. The respondent was holding a permanent post in the Northern Railway. He was a Trade Union worker. On November 7, 1956 a charge-sheet was served on him levelling two charges against him. Under the first charge, he was accused of having been instrumental in compelling the air compressor being shut down at about 8-15 A. M. on May 31, 1956. Under the second charge he was accused of having contravened the direction given by the General Manager, Northern Railway as per his letter No. 961/E/O (Evi) dated June 19, 1956 by addressing meetings within the railway premises on June 23, 1956, June 25, 1956, July 24, 1956, July 25, 1956 and July 27, 1956. On these charges he was called upon to show cause why he should not be removed from service under Rule 1708 of the Indian Railway Establishment Code Vol. I or punished with any lesser penalties specified in Rule 1702. After receiving his explanation an enquiry committee consisting of three off