Lodha. J.—This is a second appeal by the plaintiff who has lost his case is both the Courts below.

2. The facts giving rise to this appeal may be stated within a narrow compass.

3. The plaintiff appellant Kanyaiya Lal was posted as a goods clerk at Rly. Station Udaipur. He was prosecuted on a charge of bribery. During the pendency of criminal proceedings against him the plaintiff was suspended by the Assistant Traffic Superintendent ( Western Railway ), Udaipur by the tatters order dated 4 -5-1954 [Ex. 2] with effect from 5 5-1954. He was discharged by the Special Judge, Udaipur on 10-10-1954 for want of proper sanction and was reinstated by the department after considerable delay, on 20-10-1956. During the period of suspension he was paid subsistence allowance, but after his reinstatement, he claimed full salary for the period commencing from 5-5-1954, the date of his suspension, to 20 10-1956, the date of reinstatement and also other benefits amounting in all to Rs. 2437 50 p. The Divisional Superintendent rejected the plaintiffs claim by his order dated 27-5-1957 [Ex. 4] on the ground that he had not been exonerated and as such the period of absence from duty cannot be treated as

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