UMESH CHANDRA MISRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was working in the Northern Railway as Assistant Station Master at Bareilly drawing at the relevant time basic salary of Rs. 404. 00 in the payscale of Rs. 330-560. On 9/05/1974, he was arrested in connection with the May 1974 Railway strike. On 10/05/1974, he was dismissed from service without inquiry, on account of his arrest. However, on his acquittal by the Judicial Magistrate (Transport) on 11/09/1974, he was reinstated in service w. e. f. 3/10/1974. At the time of the reinstatementin service, the Divisional Superintendent, Moradabad after giving an interview to the appellant, passed the following order of punishment in lieu of the dismissal from service, viz. , (i) reduction in pay to Rs. 350. 00 in the grade of Rs. 330-560; (ii) stoppage of increment for three years; and (iii) the period from 10/05/197 4/10/1974 to be treated as suspension.

(3.) The appellant preferred proceedings before the Payment of Wages Authority under Sect cent of the salary for the period from November 20, 197 5/05/1976,