Judgment

GROVER, J. :- This is an appeal by special leave from the judgment of the Kerala High Court in which the only point which arises for decision is whether Rule 1713 of the Conduct and Disciplinary Rules, hereinafter called the Rules, for railway servants was correctly applied and the dismissal of the respondent, who at the material time, was an Assistant Station Master was rightly set aside for non-compliance with that Rule.

2. The facts lie within a narrow compass. In July 1963 the respondent, who was working as an Assistant Station Master at Chalakudy Railway Station was served with a statement containing charges relating to certain matters after an inspection report had been submitted to the authorities concerned. After the reply of the respondent had been received a departmental enquiry was held and the Enquiring Officer submitted a report finding all the four charges which had been preferred against the respondent proved. A show cause notice was then served in September 1963 giving the finding of the Enquiring Officer (Assistance Commercial Superintendent) and it was stated that it had been tentatively decided by the Chief Commercial Superintendent that respondent should be dismissed for service. This notice was served after the Chief Commercial Superintendent had recorded the following order (Exh. R. 8):

"The employee, in his reply dated 3-8-1963 to this charge-sheet, has not accepted the charges contained in the same. An enquiry, therefore was arranged. It was held by the Assistant Commercial Superintendent of Olavakkot from 22-8-63 to 29-8-1963. I have seen the enquiry proceedings. I find that the procedure has been followed correctly; that the accused has been given every reasonable opportunity for his defence and I agree with the findings of the Enquiry Officer that all the charges mentioned in the charge-sheet have been established. Since these are serious charges, it is tentatively decided to impose the penalty of dismissal from service on Shri K. Rajappa Menon, Assistant Station Master Chalakudi. He should, therefore, be asked to show cause why he should not be dismissed from service accordingly."

He was given a week for showing cause why the proposed penalty should not be inflicted on him. After the explanation of the respondent had been received his dismissal was ordered by the Chief Commercial Superintendent.

3. The respondent filed a petition under Article 226 of the Constitution in the High Court and a number of points were raised before the learned single Judge. The only point which prevailed with him was that the Chief Commercial Superintendent had not recorded an order as required by Rule 1713. He examined the other contention raised on behalf of the respondent before him that at the stage of the second show cause notice the Chief Commercial Superintendent had finally made up his mind which he could not or ought not to have done until the reply or the explanation of the respondent had been received and considered by him. In view of a Full Bench decision of the Kerala High Court he did not rest his decision on the second point but decided in favour of the respondent on the first point holding that the Chief Commercial Superintendent had not given findings on each of the charges. In his opinion the rule contemplated that the evidence which had been adduced at the enquiry in relation to each charge should be examined and considered by the punishing authority and he should give his own assessment and finding relating to each individual charge which was not done in the present case. The Division Bench on appeal by the present appellant affirmed the judgment of the learned Single Judge.

4. Now Rule 1713 provides that if the disciplinary authority is not the Enquiring Authority it shall consider the record of the enquiry and record its findings on each charge. The argument which prevailed with the High Court was that the order embodied Exh. R8 did not comply with the aforesaid rule because findings relating to e