( 1 ) SUMMARILY stated, the circumstances within a small compass, necessary for the decision of this First Appeal are: The plaintiff Respondent, whom I would hereafter refer to as Sarkara, joined the Bengal Nagpur Railway in June, 1928 then, a Company-managed Railway, in its "cash and Pay Branch", which was taken over by the Government of India in or about the year 1944 On July 24. 1948. Sarkara was promoted to the post of Chief Cashier. The Railway changed its name to Eastern Railway-in or about the year 1952, which was again changed to South Eastern Railway in or about the year 1955, which is still current.

( 2 ) MANI Pramanik, one of the pay clerks in the Cash and Pay Section was in charge of making payments of provident fund to the retired Railway servants and compensation monies to the creditors of the Railways by money orders, prior to and during the relevant period. In December, 1948 Sarkara as Chief Cashier, received the complaint of delay in payment to an outside creditor by the said pay clerk Mani Pramanik, on which an enquiry was directed fo be made by the Chief Inspector Sukumar Mukherjee. On or about December 22. 1948 Sukumar reported that he checked and ver