WORKS MANAGER NORTHERN RAILWAY Vs. MATHURADAS PAINTER

JUDGEMENT

(1.) THIS is a revision application by the Works Manager, Northern Railway Workshop, Lalgarh, Bikaner, against an order of the District Judge,, Bikaner, dismissing his appeal against an order of the the Payment of Wages Authority, passed on the application of Mathuradas respondent.

(2.) MATHURADAS was employed as a skilled painter in the Railway workshop drawing a salary below Rs. 280/ -He was suspended by an order Ex. N -1 dated 27 -8 -66 passed by the Assistant Works Manager, the material portion of which runs as follows: Whereas a disciplinary proceeding against Shr Mathuradas T, No. 4045, Offg Sk. painter is contemplated. Now, therefore, the undersigned (the authority competent to placeRailway servant under susoension in terms of the Schedules I, II and III appended to the Discipline and Appeal Rules in Chapter XVII -B I; or any lower authority in exercise of the powers conferred by Rule 1706 RI/ Proviso to Rule 1706 (I) P.I. hereby place the said Shri Mathuradass, T.No. 4045,offg Sk. Painter under suspension with immediate effect w.e.f 27 -8 -66 F.N. Sd V S. Rao Asstt. Works Manager/BKN

(3.) THE aforesaid Umesh Chand Shukla lodged a verbal report at 6.15 p.m. on 23/8/66 about the incident at Police Station, Nayashahar against Mathuradas The report was recorded and investigation was started as a result of which Mathuradas and one Bhaniram were challaned for beating Umesh Chand under Sections 332 and 323, Indian Penal Code, in the Court of the Magistrate. After trial, the Magistrate convicted Mathuradas for the offence under Section 323, Indian Penal Code. He acquitted him of the offence under Section 332, Indian Penal Code. Bhanidas was acquitted.