PI 918/26822 Dated Gauhati, the 13th Dec. Copy forwarded to Shri J. N. Roy Biswas, Manager, East Harinagar Livestock Farm under suspension C o Brahmachari Maharaj Shri Dawarikanath, Ramkrishna Seva Samity, Chatribari, Gauhati, for information and necessary action.
Sd G. K. Mehra, Director of Animal Husbandry Vety.
Memo No.
Appeal by special leave from the judgment and order dated the 15th February, 1967 of the Assam and Nagaland High Court in C. Rule No.
42 dated 23 12 60, is re instated in the same post of Manager, at East Harinagar Livestock Farm with effect from the date the reports for duty.
The delinquent pleaded innocence by his explanatory statement and the Director, on a study of the case in the light of the explanation offered, directed reinstatement in a cryptic order which runs thus ORDER No.
That particular officer retired and his successor wrote to the Joint Secretary to Government that from the materials of the case the delinquent r merited punishment and the proceedings be re opened.
81 DATED 11 12 62 Shri J. N. Roy Biswas, Manager, East Harinagar Live stock Farm Cachar who was placed under suspension vide this office order No.
Litigation by the State means laying out public resources, in a companyntry of much poverty and scarce resources, and only if the demanding justice of a case calls for it should an appeal, otherwise of inconsequence, be carried to the highest Court.
An enquiry officer, appointed by the Director of Animal Husbandry and Veterinary Department, companyducted the proceedings, submitted his report of findings adverse to the respondent, whereupon a show cause numberice indicating the penalty of dismissal was issued.
In the present instance, a veterinary assistant, the respondent herein, was suspended in 1960 followed by disciplinary proceedings.
This was done and as the de numbero recording of evidence progressed the respondent moved the High Court under Art.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The findings and orders together with the regularisation of the period of suspension of Shri J. Roy Biswas with effect from 5 1 61 to the date of his reporting for duty at East Harinagar Livestock Farm will be companymunicated separately.
The findings and orders of the proceeding will follow.
899 of 1968.
Sd B. K. Das for Director of Animal Hy.
lt is numbereworthy that numberreasoned findings were recorded.
Sukumar Ghose, for the respondent.
The Judgment of the Court was delivered by KRISHNA IYER, J. Was this virtually valstudinarian appeal by the Sate against an old and perhaps, by number, superannuated emyloyee necessary?
2 , . .
Naunit Lal, for the appellants.
231 of 1965.
But having been exculpated after enquiry, the State companyld go at him by re opening the proceedings only if the rules vested some such revisory power.
Department, Assam, Gauhati.
