J U D G M E N T

Markandey Katju, J.

1. This appeal by special leave has been filed against the judgment and order dated 7.9.2001 of the Andhra Pradesh High Court in Writ Appeal No. 139 of 1998.

2. The respondent was an Inspector of the Railway Protection Force. He was placed under suspension on 18.9.1995 on the allegation that he made excess delivery of scrap worth about Rs.10,000/-. A departmental proceeding was initiated against him in which he was given opportunity of hearing in which he sought to engage a friend to defend his case.

3. A writ petition was filed before the Learned Single Judge of the Andhra Pradesh High Court which was dismissed. Against that judgment a Writ Appeal was filed, and the matter was referred to a Full Bench of the High Court for deciding the constitutionality of Rule 153(8) of the Railway Protection Force Rules, 1987 (hereinafter referred to as the Rules), which have been made under the Railway Protection Force Act, 1957.

4. The Full Bench held that Rule 153(8) is unreasonable and hence un- constitutional and accordingly it struck down Rule 153(8). Against that judgment of the Full Bench this appeal has been f