D.S. Mathur, J. - (1.) This is a revision under Section 115, C. P. C. by Kashi Nath against the order dated 19-4-1971 of the District Judge, Gorakhpur, allowing the appeal of the opposite parties, viz. General Manager, North Eastern Railway, Gorakhpur, and Financial Adviser and Chief Accounts Officer, North Eastern Railway, Gorakhpur, and thereby dismissing the application under Sec. 15(2) of the payment of Wages Act of Kashi Nath.
(2.) The material facts of the case are that Kashi Nath, a railway employee, working as Turner in the Finishing Brass Shop, North Eastern Railway Workshop, Gorakhpur, was suspended from service on 11-4-1959 on account of his being implicated in a criminal case, which was committed to the court of session. Kashi Nath and one other person were convicted by the Sessions Judge. Thereafter, the applicant was dismissed from service under order dated 26-9-1961. Kashi Nath was acquitted by the High Court under order dated 26-4-1962. It may here be mentioned that he was exonerated of the offence and not that he was given the benefit of doubt. He, therefore, deserved to be reinstated in service with full wages for the total period commencing from the date of suspension. He was reinstated in service on 19-7-1962. There was an allegation that the applicant had taken up private employment during the period of suspension and even after his dismissal from service. A detailed order as to the amount payable to the applicant towards wages from the date of suspension to his reinstatement was, therefore, passed on 19-12-1962.
(3.) A perusal of this order (Ext. Ka-6) makes it clear that from the date of suspension till the date prior to the acquittal by the High Court, the applicant was to be paid suspension allowance but there was to be no payment from 10-6-1959 to 9-10-1961 on account of his being engaged in private employment. From the date of acquittal the applicant was to be paid his full pay and allowance and the period was to be treated as spent on duty.;