ORDER The petitioner Sadhan Chandra Ghosh was employed as a Power Supply Installation Fitter, at Adra under the South-Eastern Railway. By an Order dated 30.1.79 passed by Sri S, Sreerangam, Senior Divisional. Electrical Engineer (Traction), Adra, the petitioner was dismissed from Railway service with immediate effect in exercise of the powers conferred by Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter 'the Rules'). A copy of this Order which is annexure A to the petition is the subject matter of challenge in this Rule. 2. It has been contended on behalf of the petitioner that the impugned order is liable to be set aside on two grounds, namely- (1) that the authority concerned in dismissing the petitioner from service by taking report to Rule 14(ii) of the Rules, has not recorded the reasons in the impugned Order as to why it was not practicable to hold an inquiry in the manner provided in the Rules, and (2) that the petitioner has not been afforded an opportunity of showing cause against the proposed punishment. 3. I have scrutinized the impugned order and Mr. D.N. Das, appearing on behalf of the Railway authorities, has produced the relevant service file of the petitioner. It appears from the said file that detailed reasons have been recorded as to why the Senior Divisional Electrical Engineer in passing the impugned order, did not think it reasonably practicable to hold an inquiry in the manner provided in the Rules. Furthermore, in the impugned order itself, reasons have also been given. There is as such, no substance in the first contention advanced on behalf of the petitioner. 4. I must however, hold that there is substance in the second submission made on behalf of the petitioner. After clause (iii) of Rule 14 the following sentence appears : "The Disciplinary Authority may consider the circumstances of the case and make such order thereon as it deems fit". 4. I must however, hold that there is substance in the second submission made on behalf of the petitioner. After clause (iii) of Rule 14 the following sentence appears : "The Disciplinary Authority may consider the circumstances of the case and make such order thereon as it deems fit". The Supreme Court in the case of Divisional Personnel Officer, Southern Railway v. T.R. Challappan, reported in AIR 1975 5C 2216 observed inter alia, that the term 'consider' postulates consideration of all aspects-pros and cons of the matter, after bearing the aggrieved party; in considering the final action which the Disciplinary authority intends to take against the delinquent, the Disciplinary authority should hear the aggrieved party and give him an opportunity of making his submission against the nature and extent of the penalty proposed to be imposed upon him. 5. In the instant case, before passing the final order of dismissal by taking recourse to Rule 14(ii) of the Rules, the Disciplinary authority did not afford the delinquent-petitioner an opportunity of making his submission on the quantum of punishment proposed to be imposed upon him. In the circumstances the order dated 30.1.79 passed by the Senior Divisional Electrical Engineer dismissing the petitioner with immediate effect cannot be given effect to. 6. The Rule is, therefore, made absolute to the extent that the order dated 31.1.79 will not be given effect to till the petitioner has been given an opportunity of being heard as regards the final order that may be passed against him. After hearing the petitioner the Disciplinary authority, if it considers fit, may impose such other punishment as the circumstances of the case may warrant. When the Disciplinary authority gives the petitioner a notice to make his submission against the proposed punishment, the petitioner must make his representation within a period of four weeks thereafter. Till a fresh final order is passed, the petitioner will be entitled to his emoluments in accordance with law- There will be no orders as to costs. As prayed for, let plain copies or this Order, countersigned by the Assistant Registrar (Court) be handed over to the learned Advocates on both sides. Rule made absolute. Direction given.