Judgment

A. P. SEN, J.:- The central question in this appeal is whether the impugned order passed by the Railway Board dated March 11, 1972 dismissing the appeal preferred by the appellant, was not in conformity with the requirements of R. 22(2) of the Railway Servants (Discipline and Appeal) Rules, 1968.

At the hearing on Feb. 13, 1986, learned counsel for the Union of India took time to enable the Railway Board to reconsider its decision as to the quantum of punishment. At the resumed hearing on March 13, 1986 we were informed by the learned counsel that there was no question of the Railway Board reconsidering its decision. Arguments were accordingly heard on the question as to whether the impugned order of the Railway Board was sustainable in law. We heard the parties and allowed the appeal by order dated March 13, 1986 directing the Railway Board to hear and decide the appeal afresh on merits in accordance with law in conformity with the requirements of R. 22(2) of the Rules. We now proceed to give reasons therefor.

2. The Facts. The appellant Ram Chander, Shunter, Grade B at Loco Shed Ghaziabad was inflicted the penalty of removal from service under R. 6(viii) of the Railway Serv