( 1 ) THIS is an appeal against an order of remand made by the 1st Civil Judge of Saharanpur in a suit that was filed by the plaintiff, Bhagat Bam, who is the respondent in the appeal before me, for the recovery of Rs. 1,700/-as arrears of allowances due to him from the Railway administration. The plaintiff Bhagat Ram was a III Grade Guard in the E, P. Railway at saharanpur. He was suspected of having committed an offence punishable under Section 411 of the Indian penal Code and was, therefore, prosecuted for a charge punishable under that section. On his prosecution he was suspended by the Railway Administration. Bhagat Ram was later acquitted by the court which tried him on the 20th of May, 1949, but he was nevertheless under suspension from the 6th of July, 1948, to the 4th of August, 1949. The plaintiff was reinstated, apparently, on the 4th of August, 1949, and thereafter the question arose about paying him his salary and allowances to which he would be entitled under the rules framed by the Railway Establishment Code. The plaintiff had been, awarded his full salary by the Railway Administration on reinstatement; further he was awarded 75 per cent, of the salary