D.Falshaw, J.

1. This appeal has been filed by the Railway Board and the General Manager of the Northern Railway against the order of a Single Judge accepting petition filed by the respondent Niranjan Singh under Article 226 of the Constitution and setting aside an order of the General Manager removing Narinjan Singh from service which was upheld by the Railway Board in appeal.

2. There seems to be no doubt about the fact that Narinjan Singh, a permanent servant of the Northern Rail way of several years service, was prominently engaged in trade Union activities and on the 7th of November 1953 he was served with a charge sheet alleging serious misconduct. The first charge was that he was instrumental in forcing the shutting down at about 8.15 A.M. on the 31st of May 1956 of tie 2500 e.f.m. air compressor in the Fast Compressor House adjacent to the Blacksmith shop causing thereby disruption in the working of the C. and W. Shops, Alambagh, Lucknow. The second charge was that on five occasions, which are listed, he had contravened the orders, issued under the General Managers letter dated the 19th of June 1956 by participating and addressing meetings held outside the Main Time