Judgment

S. K. DAS, J. : This is an appeal on behalf of the Union of India which has been brought to this Court on a certificate granted by the learned Judicial Commissioner of Ajmer and is directed against the Judgment and decree of the said Judicial Commissioner, dated 15-2-1954. By that judgment the learned Judicial Commissioner reversed the decision of the courts below and made a declaration in favour of the respondent to the effect that the order of removal from service passed against him on 16-3-1949, was illegal and ineffective. The facts giving rise to the appeal are these.

2. The respondent, who was the plaintiff in the court of first instance, was appointed an assistant booking clerk at Ajmer in the then B. B. and C. I. Railway system on 15-7-1947. He was permanent on 26-5-1948. On 7-2-1949, the respondent received a memorandum from the Station Master, Ajmer, to the effect that he had been placed under suspension from that date under the orders of the Traffic Superintendent, Ajmer. It was alleged against the respondent that on that date he had refused to issue forty-eight third class tickets for Makrana to a passenger, unless the latter paid Rs. 2-1-0 per ticket as against