( 1 ) AGAINST the order of dismissal Respondent 1 raised a dispute which was referred to the industrial Tribunal and the Industrial Tribunal made an award setting aside the order of dismissal directing reinstatement of respondent 1 with back wages.

( 2 ) THE award was challenged in a writ petition filed by the Railway Board. The writ petition was dismissed by the High Court and hence this appeal has been preferred.

( 3 ) THE proceedings were initiated against respondent 1 in respect of six charges. The inquiry authority in the report made, held that none of the charges stood proved. Thereafter, the Railway Board in exercise of powers under rule 25 of the Railway Servants (Discipline and appeal) Rules, 1968 examined the matter and found that four of the six charges could be substantially proved beyond doubt with the available documentary evidence and, thereafter, remitted the matter for further inquiry as contemplated under Rule 25 (l) (c) of the Rules.

( 4 ) ON remit the inquiry officer made a report finding Respondent 1 guilty of four charges. Based on that report, the Railway board dismissed Respondent 1, which was challenged in the dispute raised by him. The tribunal as well as