JUDGMENT :-

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against a judgment and order dated 12.05.2005 passed by a Division Bench of the Madhya Pradesh High Court whereby and whereunder a writ petition filed by the appellant herein from a judgment and order of the Central Administrative Tribunal allowing the respondents original application, was dismissed.

3. Respondent, at all material times, was and still is working as Inspector of Works at Satna. Allegedly, on the premise that he had accepted substandard quality of wood, a charge-sheet was issued. Indisputably, the procedure for imposition of major penalties on Railway Servants is governed by Chapter V of Establishment Code Volume-I; paragraph 3 whereof reads as under :

"3. Appointment of Board of Inquiry or Inquiring Officer (R.1710). The Disciplinary Authority may enquire into the charges itself or if it considers necessary, it may, either at the time of communicating the charges to the Railway servant under Rule 1709 or at any time thereafter, appoint a Board of Inquiry or an Inquiring Officer for the purpose, which will be termed as the "Inquiring Authority".

Note--This is an enabling rule. The inquiry may be c