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1956 Supreme(Raj) 101

WANCHOO, MODI
Anantram – Appellant
Versus
District Magistrate, Jodhpur – Respondent


Advocates Appeared:
M.M. Vyas, for Anantram; Zorawarmal, for Ganeshsiram, Abdul Sakoor; Parasraj and Shivlal. Maghraj and Chandmal, for Non-Petitioners No 2; L.N. Chhangani, Government Advocate

Wanchoo, C.J.—These are five connected writ applications by five railway servants against the order of the District Magistrate, Jodhpur, under the Payment of Wages Act (No. IV) of 1936 (hereinafter called the Act), and have been heard together as common points have been raised in them. We shall dispose them off by one judgment.

2. It is best to set out the facts of each case briefly, and we shall then indicate common points of law that arise in these case.

3. Case No 54 is by Anantram. He was in the service of the then Jodhpur Railway. In March, 1951, he was served with a charge-sheet by the them Chief Engineer, and was removed from service on the 26th of March, 1951. The order of his removal was set aside on or about the 1st of April, 1953. However, another charge-sheet based on the same charges was framed against him on the 29th of April, 1953. It appears that the earlier order of dismissal was set aside on the ground of defect in procedure, and that was why Anantram was again served with a fresh charge-sheet on the same charges. On this second charge-sheet, Anantram was punished by stoppage of one increment. This second order was passed on the 29th of March, 1954, and his appeal a





















































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