BHANDARI, J.—This Court while deciding the Civil Writ Petition No. 197 of 1959 (Madan Singh Vs. Union of India and others) by its order dated 28th October, 1960, directed Bansilal and Ugamsingh to show cause why they should not be prosecuted for swearing and presenting false affidavits in this Court.

2. On a complaint lodged by Shri Radhe Shyam, the Train Examiner, Uterlai, Madan Singh was charge-sheeted on 12th February, 1958, for misconduct, in a departmental enquiry held on that complaint. Madan Singh cited three witnesses in defence, two of them were Bansilal, fitter and! Ugamsingh, Oiler, before the Enquiry Committee, of which Mr. Walters, Carriage and Wagons Inspector, was the Chairman. These two persons showed their reluctance to give evidence in presence of Madansingh, as they apprehended that he will take retaliatory action against them, if they stated against him in his presence. The members of the Committee examined these two persons in the absence of Madansingh under Rule 1707 clause (d) and Rules 49 of the Discipline and Appeal Rules. Their statements were recorded in English and were read over to them and they signed each page of the deposition in acknowledgment of the

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