R. V. RAVEENDRAN, C. J.

( 1 ) THE respondent was an employee of the central Railway. A charge- sheet was issued on November 1, 1999 alleging fraud and misappropriation by him while working as head Booking Clerk at Bhopal. One S. P. Nigam was appointed as Inquiry Officer. After inquiry, the Inquiry Officer submitted a report holding the respondent guilty of the charges. Acting on the said report, the Disciplinary authority by order dated October 29, 2001 imposed the punishment of removal from service. The appeal filed by the respondent was rejected on April 3, 2002.

( 2 ) FEELING aggrieved, the respondent approached the Central Administrative tribunal, Jabalpur Bench, in O. A. No. 408/2002. The Respondent urged that the domestic inquiry was opposed to principles of natural justice and therefore vitiated on the following two grounds: (I) The Disciplinary Authority did not appoint any Presenting Officer to present the case. The Inquiry Officer himself acted as the Presenting Officer and conducted regular examination-in-chief of the prosecution witnesses and put questions suggestive of answers supporting the charges. The Inquiry officer also cross- examined the defence witnesses. The a

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