LODHA, J.—This is a plaintiffs second appeal arising out of a suit instituted by him in the Court of Munsiff, Ajmer City (West), Ajmer on 22-11-1963 praying that a declaration may be granted in his favour that the order of Additional Commercial Superintendent (East), Western Railway, Ajmer dated 23-1-1961 marked Ex. A. 28. is void, illegal and ultra-vires and the plaintiff should be deemed to continue in service of the Westren Railway. The suit was dismissed by the learned Munsiff but on appeal by the plaintiff it has been decreed. Hence the Union of Indian has come in appeal to this Court.

2. The facts necessary for decision of the points canvassed before me lie within a narrow compass and may be stated as below :

The plaintiff who was working as Ticket Collector on 23-9-1959 at Bhuj (which for the sake of brevity has been described as BVJ), is alleged to have received Rs. 17. 50 paisa from 35 Third class passengers for false reservation in Bhuj-Ahmeda-bad through coach of Train No. 247-Up-Ex-BVJ-ADI. It was further alleged that he gave Rs. 2/- out of the said amount to Tolaram, Assistant Booking Clerk to getting reservation labels prepared. However, when it was revealed before the

Click Here to Read the rest of this document