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1958 Supreme(Raj) 175

WANCHOO, SHARMA
General Manager Northern Railway, New Delhi – Appellant
Versus
Swaroopraj – Respondent


Advocates Appeared:
Magraj, for Petitioners; Zorawarmal, for Non-petitioner No.1 in both revisions

Wanchoo, C.J.—These are two connected revisions arising out of proceedings under the Payment of Wages Act (herein-after called the Act). They were laid before a learned Single Judge of this Court and he has referred them to a Division Bench because of the far reaching importance of the points of law arising in then.

2. Before we deal with the points of law raised at the bar, we should like to set down briefly the facts. One Swaroopraj (Civil Revision No. 90) was an employee of the Northern Railway and was posted as Assist. Station Master at Railway Station Mundwa. He was suspended on charges of corruption on the 29th of January 1953. Later he was prosecuted in court and was acquitted by the Special Judge on the 30th of April, 1955. Thereafter he was reinstated on the 9th of May, 1955. He claimed the full salary for the period from the 22th of January 1953 to 9th of May 1955 and also other benefits. This claim was rejected by the Divisional Personnel Officer, Jodhpur on the ground that Swaroopraj had not been honourably acquitted. Thereupon he made an application under sec. 15 of the Act before the authority appointed to hear such applications. The application was opposed on behalf o

















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