OAK, C. J. : This reference to a Full Bench arises out of a writ petition filed by a former railway employee. Om Prakash was an employee of Northern Railway. On 6-3-1961 he was removed from service by the Divisional Superintendent, Northern Railway, Lucknow. Om Prakash filed in this Court in March, 1961 the writ petition challenging the order of removal. He also filed an appeal to the Chief Mechanical Engineer, Northern Railway, New Delhi against the order of removal. On 19-8-1961 the Divisional Superintendent, Lucknow informed the petitioner that the appeal had been dismissed by the Chief Mechanical Engineer, Northern Railway, New Delhi.

2. The petitioner applied to this Court for permission to implead the Chief Mechanical Engineer, Northern Railway, New Delhi and the Union of India as respondents Nos. 2 and 3 in the writ petition. Amendment was allowed on 3-7-1967.

3. Mr. Jagdish Swarup appearing for the respondents urged before a single Judge of this Court that the writ petition is not maintainable. Mr. Jagdish Swarup contended that the order of removal dated 6-3-1961 has merged in the appellate order of the Chief Mechanical Engineer. It was pointed out that the office of