Smt. Ranjana Desai, J.

1.The petitioner was working as Inquiry Reservation Supervisor with the Central Railway. Charge-sheet was issued to him on 12/2/01. Shortly stated the charge against the petitioner was that while working as Inquiry Reservation Supervisor, he made special cancellations for four journey C.P. tickets amounting to a total of Rs.35,036/- and pocketed the said amount. He had thus defrauded the railway administration to the tune of Rs.35,036/-.

2. Enquiry Officer was appointed. Enquiry Officer submitted his report dated 6/9/01 with his findings. The said report is dated 12/2/01. We must refer to the conclusions drawn by the Enquiry Officer because the learned counsel for the petitioner has heavily relied on those conclusions. The said conclusions are as under:

(i) The Spl. Cancellation were made on the ID OF THE CE. However, it cannot be said that the CE had himself resorted to spl. cancellation.

(ii) The amount of debit of Rs.35,036/- is to be recovered from the wages of the CE, because his ID was used.

(iii) The CE had remained careless on account of which his ID could be used.

(iv) There is no direct evidence to prove tha