Judgment

SINGH, J. :- The short question which arises in this appeal is whether the disciplinary proceedings taken against the appellant resulting in his dismissal are null and void as the Enquiry Officer failed to comply with the principles of natural justice in holding the enquiry. The question relating to the noncompliance of principles of natural justice is founded on the grievance that a copy of paper No. 5 although mentioned in the memo of charges was not supplied to the appellant, and that he was not permitted to inspect the same. A learned single Judge of the High Court has answered the question against the appellant. Hence this appeal.

2. The appellant was posted as fireman at Moghulsarai in Northern Railway in May, 1964. On 28th May 1964 coal lying at Pusauli Station was fraudulently removed by some person giving out his name as Shambhu Tiwari. A criminal case was registered, but on account of absence of reliable evidence, a final report was submitted. It appears that during the preliminary enquiry held by the Department it was found that Chandrama Tewari, the appellant had removed the coal lying at Pusauli Station posing himself as Shambhu Tiwari, a coal contractor. On com