( 1 ) THIS is an appeal from an order of Mr. Justice Oak dated 28-11-1957 dismissing a petition under Article 226 of the Constitution. The facts relevant for purposes of this appeal are these. On 25-9-1938, the appellant entered into the service of the Rohilkhand and Kumaun Railway as goods clerk and in February 1940 he was confirmed in his appointment. In 1942| the government of India decided to take over the management of the Rohilkhand-Kumaun Railway (and also that of the B. N. W. Railway) with effect from 1-1-1943, and in October 1942 it made an offer of employment to the non-gazetted staff (which included the appellant) of the two railways. The appellant accepted the offer, and on and from 1-1-1943, he accordingly became an employee of the Central Government.

( 2 ) IN the beginning of 1952 the appellant wag posted as goods,clerk at Izatnagar, and on the 25th of January of that year he was served with a charge sheet alleging misconduct, inefficiency and neglect of duty. On 30-1-1952, the appellant submitted his reply to the charge sheet, and it appears that the railway administration was satisfied with that explanation as no further action was taken against the app