JUDGMENT

UNTWALIA, J.:— This appeal is by certificate granted by the High Court of Delhi under Article 133 (1) (a) and (b) of the Constitution of India as it stood prior to the 30th Constitution Amendment Act. No substantial question of law is involved in this appeal. It is to be decided mostly on facts. And since we are in agreement with the judgment of the Division Bench of the High Court given in the Letters Patent appeal, we shall advert only to the necessary facts and the main points argued before us.

2. Shri H. C. Sarin - the appellant was employed in the Indian Railways as Senior Railway Inspector attached to the Office of the India Stores Department at London. He was in that job from the 6th August, 1954. The Government of India placed orders with various firms in the United Kingdom and the continent for supply of rolling stock and other materials for the Indian Railways. In December, 1956 the appellant was deputed to the Essen Area of West Germany as Senior Railway Inspector in which capacity he had to inspect and pass the goods in the first instance at the site. Although this work of inspection in West Germany was entrusted to the German Federal Railway in January 1958, th