KANHAIYALAL Vs. STATE

JUDGEMENT

(1.) This is a second appeal by the plaintiff who has lost his case is both the Courts below.

(2.) The facts giving rise to this appeal may be stated within a narrow compass.

(3.) The plaintiff, appellant Kanyaiya Lal was posted as a goods clerk at Rly. Station Udaipur. He was prosecuted on a charge of bribery. During the pendency of criminal proceedings against him the plaintiff was suspended by the Assistant Traffice Superintendent ( Western Railway ), Udaipur by the latter's order dated 4.5.1954 [Ex 2] with effect from 5-5-1954. He was discharged by the Special Judge, Udaipur on 10.10.1954 for want of proper sanction and was reinstated by the department after considerable delay, on 20-10-1956. During the period of suspension he was paid subsistence allowance, but after his reinstatement, he claimed full salary for the period commencing from 5.5.1954, the date of his suspension, to 20-10-1956, the date of reinstatement and also other benefits amounting in all to Rs. 2437.50 p. The Divisional Superintendent rejected the plaintiff's claim by his order dated 27.5.1957 [ Ex. 4] on the ground that he had not been exeonrated and as such the period of absence from duty cannot be treated as period on duty, but would be treated as one under suspension. The plaintiff went in appeal to the Cheif Commercial Supdtt. (Western Railway) but got no relief and ultimately he filed the present suit on 29-9-1959 for recovery of Rs. 2437.50 in the Court of Civil Judge, Udaipur.