( 1 ) THE facts in this case are shortly as follows: The respondent in this case was at all material time employed as a sub-gunner by the Port Commissioners, a statutory body formed under the Calcutta Port Act, 1890 (hereinafter referred to as the "said Act" ). On the 5th of January, 1961 the respondent and several other employees of the Port Commissioners were convicted under Ss. 147 and 323 of the Indian Penal Code. Section 147 deals with rioting and S. 323 is voluntarily causing hurt. The respondent was sentenced to a fine of Rs. 30 under S. 147 I. P. C. in default to undergo rigorous imprisonment for three weeks and a fine of Rs. 30 and under S. 323 I. P. C. in default to undergo rigorous imprisonment for three weeks. On the 28th of March 1963 the respondent was suspended from service and on the 9th April, 1963 he was served with an order passed by the Traffic Manager dated 4th April, 1963 removing him from service. The said order is set out below. "whether Sri Baleswar Singh, Sub-Gunner was convicted on a criminal charge under Ss. 147 and 323 I. P. Cd and sentenced to pay a fine or in default to undergo rigorous imprisonment on 5. 1. 61 which was confirmed by the