Inder Dev Dua, J. - (1.) THIS is a revision petition filed under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution and is directed against the order of the learned District Judge, Amritsar , acting as the Appellate Authority under the Payment of Wages Act.
(2.) IT appears that Surjit Singh Petitioner in this Court used to work as a Railway Guard Grade "C" at Amritsar. On 3rd April, 1958, he was placed under suspension on account of a criminal case under Section 386, Indian Penal Code, against him. He was ultimately acquitted on having been given the benefit of doubt and was consequently reinstated with effect from 10th June, 1959. During the period of suspension he was paid only subsistence allowance admissible under the rules contained in the Indian Railway Establishment Code. The order of reinstatement (Exhibit A. 3), dated 9th June, 1959, contained the following direction: The period he remained under suspension will be decided later on. On 23rd July, 1959, the Divisional Personal Officer, Ferozeore, - -vide Exhibit A. 4 decided as follows: His suspension period from 3rd April, 1958 to 9th June, 1958, is treated as under: 3rd April, 1958 to 18th April, 1958 L.A.P. (Leave on average pay). 19th April, 1958 to 8th July, 1958 H.A.P. (Half average pay). 9th July, 1958 to 9th June, 1959 L.W.P. (Leave without pay). Please charge his pay accordingly.
(3.) THE Divisional Superintendent, Northern Railway, Ferozepore, controverted the Petitioner's claim and pleaded' that he had not been "honorably acquitted" but had been merely given the benefit of doubt with the result that he could not be treated as on duty during the period of suspension.;