STATE OF ASSAM Vs. MOHAN CHANDRA KALITA

JUDGEMENT

(1.) The High Court of Assam and Nagaland quashed an order removing the respondent from service on the ground that there was no evidence to support the charge against him. This appeal is by special leave against that judgment.

(2.) The respondent was a Sub Deputy Collector in the employment of the Government of Assam and in that capacity was directed to distribute sums of money to the agriculturists of Missamari as compensation for the occupation of their lands by the army authorities. It appears that the respondent had to travel from Dhekiajuli to Missamari to disburse the payments and found it difficult to obtain conveyance to reach Missamari. On September 24, 1963 the villagers of Missamari who were to be paid compensation were waiting for the respondent who however arrived in a school bus at about 12 noon. Though the respondent made payments to some of them he could not pay all of them. He informed them that if he gets a conveyance he will come the next day, but otherwise they should come to Dhekiajuli. The people who were still to be paid said that it would be inconvenient for them to go to Dhekiajuli and later suo motu decided that they would pay the charge of conveyance known as "Garebhara" (carriage hire). The respondent arrived next day at Missamari in a taxi, went into the room of the Mauzadar and began to make payments. There was a huge crowd inside the room and it appears that there were also large crowds outside. It appears that several persons were collecting amounts from the villagers who were being paid compensation. It is in evidence that there was someone collecting arrears of land revenue, some other person was collecting pooja contribution and yet others were collecting amounts allegedly for Garibhara (carriage of the Sub Divisional Officer). There is also evidence to show that a person was collecting some fee allegedly on behalf of the respondent. While these collections were being made the Assistant District Magistrate, Shri M. R. Deka visited Missamari and was met by some villagers on the way. On their complaint that they were being made to pay Garibhara from out of the compensation amounts paid to them, he asked two of them to get into his jeep and with them arrived at Missamari. On reaching Missamari he seized Rs. 110/- collected by one Tajmudin who had also a list of persons from whom he had collected. Tajmudin was sitting outside the room and making collections of Re. 1 or Rs. 2 from each person towards Garibhara. The Additional District Magistrate then made a report to the Government on which a preliminary enquiry was held and a prima facie case being found against the respondent, an enquiry was ordered.

(3.) The enquiry officer framed a charge and examined 21 witnesses and as the High Court has pointed out some evidence in respect of matters extraneous to the charge was let in which it was contended was likely to prejudice the enquiry against the respondent. We shall refer to this aspect of the matter later.