JUDGMENT

Sanjay Karol, C.J. - Vide impugned order dated 13.01.2005, the Central Administrative Tribunal has quashed and set aside the Employer''s action of passing an order dated 21.10.1997, dismissing the delinquent employee from service by invoking powers under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 read with Article 311 (2) of the Constitution of India. Consequently, such order as affirmed by the appellate authority vide order dated 18.02.1998, and the revisional authority vide order dated 17.03.2003 also stands quashed.

2. Following questions of law arise for determination in the present case:

(i) Whether the impugned order under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 read with Article 311 (2) of the Constitution of India falls within the exception necessarily dispensing with the requirement for an inquiry?

(ii) Whether the adequate reasons emanate satisfying condition for applicability of the said exception?

(iii)Whether the order under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 read with Article 311 (2) of the Constitution of India is bad in law due to non-observance of principles of