BERI, C.J.—The six petitioners before us are Railway servants who were removed/dismissed from service because each one of them was convicted for an offence by a criminal court. They complain that notwithstanding the fact that they were given the benefit of the provisions of the Probation of Offenders Act (hereinafter called "the Probation Act") they have been removed or dismissed. They have challenged their order of removal/dismissal on the grounds that it was contrary to the provisions of sec. 12 of the Probation Act or at any rate inconsistent with the objects of that statute and that it is violative of the principles of natural justice as they were never heard before removal or dismissal. The learned Single Judge, before whom these petitions were presented, found it necessary to refer these cases to a Division Bench because Tyagi,J. in S.B. Civil Writ petitions Nos. 481, 482, 516, 517 and 600 of 1966 by his judgment dated December 19, 1969, had held that even in a case covered by clause (c) of the proviso to Art. 311(2) of the Constitution of India the principles of natural justice had to be complied with. Learned Single Judge who has referred these cases to us felt that in view

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