THE STATE OF ASSAM Vs. HARNATH BARUA

JUDGEMENT

(1.) THIS is an appeal by the Defendant and is directed against the judgment and decree dated 28 -1 -1952 passed by Mr. D. N, Hazarika, Subordinate Judge, Lower Assam Districts. The Plaintiff, who is the Respondent to this appeal instituted a suit for recovery of a sum of Rs. 10,500/ - by way of damages on account of wrongful dismissal. The amount includes a claim for salary and dearness allowance due to the Plaintiff from the 3rd April, 1947 to the 30th June, 1948, -deducting therefrom the pension payable to the Plaintiff, in addition to certain other incidental expenses , claimed by the Plaintiff.

(2.) THE facts leading to the institution of the suit may be briefly summed up as follows:

(3.) THE State of Assam contested the. suit. It maintained that there were good grounds for making a formal and public enquiry into the truth or the numerous imputations of mis behaviour and malpractice 'On the part of the Plaintiff and in public interest, it decided to appoint a Commission of Enquiry. The constitution of the Commission was -perfectly valid and its personnel comprised of men discharging or who had at one time discharged high and responsible public duties.