( 1 ) ADMIT. Mr. Shah waives service of notice of admission on behalf of the respondents. At the request of the learned advocates, appeal is taken up today for final hearing.

( 2 ) THE appellant, being aggrieved by an order passed by the learned single judge on 22/06/1998 in Special Civil Application No. 5609 of 1985, has preferred this appeal.

( 3 ) THE short facts, as it emerges from the record, are as follows : the appellant, who was discharging his duties as Railway Protection Force constable, was served with a show-cause notice Annexure-A to the petition, dated 26/09/1985, inter alia, alleging that the appellant was stationed at veraval during the period 30/31-8-1985 and, during that period, he in collusion and active connivance with Shri Ganga Ram and Shivpal Singh abused his position and as a Railway servant failed in his duties to prevent the theft of steam coal committed at Veraval. The competent authority was satisfied that it was not reasonably practicable to hold an inquiry in the manner provided under Rule 44 of the R. P. F. Rules, 1959 and, on satisfaction being reached, the facts referred to hereinabove were accepted to be correct and show-cause notice