( 1 ) THIS judgment disposes of two Special Appeals -- Special Appeals Nos. 163 and 164 of 1960. In both these appeals the appellant is the Divisional Superintendent, Northern Railway, allahabad Division. The respondent in Special Appeal No. 163 of 1960 is Ram Nath Gautam, and the respondent in Special Appeal No. 164 of 1960 is Ram Saran Das. These appeals were connected as they raised a common question of law. The respondents in both these appeals were tried on a criminal charge. They were convicted by the trial court. After their conviction by the trial court, the Government passed an order of dismissal as provided in Article 311 (1) (a) of the Constitution of India. These orders of dismissal were passed on the ground that they had been convicted by the trial court. In appeal, however, the conviction of the respondents was set aside, and they were acquitted. In view of their acquittal, the respondents applied to be reinstated. Their applications for reinstatement were dismissed by the appellant. Thereafter each of the dismissed servants, who are respondents in these appeals, filed a writ petition in this Court praying for the issue of a writ of certiorari quashing t