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