R.N.Misra, J. - (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.C. Mohanty. s/o Laxman Mohanty, employed as F.C.C. Attendant under T.T.E. 'A' I/C., K.U.R. 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 Commercial 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.

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, 1968 (hereinafter referred to as the "Disciplinary Rules"). The impugned order of removal from service is accordingly contrary to law and is vitiated.

(3.)IN the counter affidavit, it has been disclosed that in course of a special checking by the Assistant Commercial Superintendent of the South Eastern Railway of Khurda Road at Jajpur Keonjhar Road Railway station on 5 -12 -1975, it was detected that two passengers got down from a first class coach of the 4 Dn. Madras -Howrah Mail without tickets. The passengers on being confronted stated that they had arrived at the Cuttack Railway Station at the last moment and could not purchase ticket and the Attendant (Petitioner) approached the passengers and gave them a free lift in the train after accepting illegal gratification of Rs. 10/ -. The two passengers had, therefore, travelled without ticket from Cuttack to Jajpur -Keonjhar Road railway station. They identified the Petitioner before the Assistant Commercial Superintendent as the person who had accommodated them on payment. On the basis of the report of the Assistant Commercial Superintendent, the disciplinary authority was satisfied that it was not reasonably practicable to hold any inquiry into the matter and in consideration of the circumstances, he recorded an order in the relevant file that the disciplinary inquiry should be dispensed with in exercise of powers under Rule 14(ii) of the Disciplinary Rules. It was further averred in the counter affidavit:
.... This deponent craves this Hon'ble Court's attention to the grave situation prevailing in the country where it is essential that every effort should be made to root out corruption from all spheres and the speedy finalisation of the case by invoking Rule 14(ii) in such circumstances will have desired effect of achieving efficiency and rooting out corruption and for these reasons, this deponent passed the order impugned on the materials on record and in the manner necessary by the rules as the charge against the Petitioner was very grave, that is to say that the charge was for accepting illegal gratification from two passengers and thereby failing to maintain absolute integrity and devotion to duty. Accordingly the Petitioner was served with the order impugned though the reasons for the order impugned have not been served on the Petitioner along with Annexure -5 (the order of removal).