( 1 ) IN this defendants second appeal directed against concurrent decree of two Courts below granting declaration that order dated 15th October, 1967 removing respondent from service was illegal and inoperative, consequently the respondent continued in service since 1962 and was entitled to all benefits and emoluments including his salary, the decisive controversy is whether the finding that enquiry against respondent was violative of principle of natural justice and contrary to fundamental procedure of law is well founded.

( 2 ) APPOINTED as coal boy in 1957 respondent was chargesheeted in 1962, for absence of duty from 30th August 1962 to date in an unauthorised manner, while working as ladderman in central Loco Shed, Bina. No evidence oral or documentary was mentioned in charge sheet although respondent was called upon to show cause why he should not be punished with penalty specified in item 6 of the list below that is removal from service. Consequent to above charge sheet enquiry was held by various Officers but according to respondent, it concluded when the respondent could get hold of D. W. 2 who was prejudiced against respondent and was willing to go out of