- (1.)This is an application for a writ of certiorari and is directed against a disciplinary order of removal from service.
(2.)In 1975, petitioner was working as a First Class Coach Attendant under the South Eastern Railway. On 13.12.1975, he was served with the following order :
"Removal/Dismissal Notice"

Shri P.O. Mohanty, s/o. Laxman Mohanty, employed as P. C. C. Attendant under TTE 'A' I/C., KUR is hereby removed from service with immediate effect in accordance with the Rule 14 (ii) of the Railway Servants (Discipline and Appeal) Rules, 1968."

This order was made by the Divisional Commarcial Superintendent of the South Eastern Railway Khurda Road, who was the disciplinary authority. The petitioner preferred an appeal to the Divisional Superintendent which was dismissed on 12.5-1976 (Annexure 10). Thereupon this writ application has been preferred.

(3.)The petitioner alleges that he was the holder of a civil post. An inquiry in which he would have an opportunity to deny his guilt and establish his innocence was a condition precedent to the order of removal from service and in the instant case, the inquiry has been avoided by reference to Rule 14 (ii) of the Railway Servants (Discipline and Appeal) Rules, 1963 (hereinafter referred to as the "Disciplinary Rules"). The impugned order of removal from service is accordingly contrary to law and is vitiated.