ORDER :-This is a petition under Article 226 of the Constitution On the date certain charges were served on the petitioner he held the post of a cabinman. The charges were served by opposite party No. 2 the Assistant Operating Superintendent. Northern Railway Moradabad. A copy of the charges is Annexure 2. The petitioner submitted his explanation a copy of which is Annexure 3. Thereafter opposite party No 2 passed the order of punishment which is Annexure 4. In this order he mentions the counts for which the punishment is imposed but gives no reasons for not accepting the explanation of the petitioner and finding the two charges mentioned in the order proved.

The petitioner then preferred an appeal. A copy of the memorandum of appeal is Annexure 5. It came to be rejected by opposite party No. 1 the Divisional Operating Superintendent, Northern Railway, Moradabad by an order which is Annexure 6. It reads as below :

''With reference to your appeal dated 23-10-65 addressed to DOS (M) against the order of AOS (M) imposing the penalty of WIP for two years you are hereby informed that DOS (M1) has passed the following orders" :

The appeal is rejected."

It is in these circumstances that the

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