( 1 ) THE two appellants before us used to be blacksmiths employed in the Railway Workshop at Lil-looah under the Eastern Railway. On 9-2-1932, a criminal prosecution was launched against them on the allegation that between the hours of 1 a. m. and 3 a. m. in the previous night, they had indulged in gambling, while they should have been attending to their duties. The prosecution, which was under Section 15, Howrah Offences Act, failed, because the learned Magistrate found that the section only punished gambling in the public streets, but not gambling inside any premises. Accordingly, he acquitted them. The Railway Administration, however, thought that the acquittal was only a technical one and that the appellants had been guilty of conduct which called for disciplinary action. They, therefore, started a proceeding.

( 2 ) THE acquittal was on 17-3-1952. On the 24th of March following, the appellants were served with a charge sheet which set out a charge to the effect that the appellants had been guilty of serious misconduct, in that, neglecting their duty, they had been playing cards and gambling in the Blacksmith Shop irom 1 a. m. to 3 a. m. in the night of 9-2-