JUDGMENT 1. The Petitioner in this case has been convicted of a breach of rule made under see. 47 of the Indian Railways Act of 1890; and a rule has been granted on the ground that the rules under which the conviction was held are not the subject for a proceeding in a Criminal Court. It appears to me plain that such is the case. The various offences which are created by the Act are mentioned in Chap. IX of the Act. Any other offence, created by the Act must be clearly expressed, and it seems clear beyond argument that there are no words in sec. 47 creating a criminal offence at all. On looking at the rules made under that Act it is further plain that it was never intended that those rules should be enforced by penalty in Criminal Court. Various fines are imposed for misconduct on the part of Railway servants, and those fines are made enforcible by deductions from their pay. This is in accordance with sub-sec. (2) of sec. 47. I have no doubt that the intention of this section was to give the Railway Company power to enforce rules of its own making by imposing fines on its own servants. It was never intended that sec. 47 or any rule made under that section should create any criminal offence. The rule is, therefore, made absolute and the conviction and order complained of are set aside. The fine, if paid, will be refunded to the Petitioner.