Judgment

SIKRI, CJI.: This is an appeal by special leave from the judgment of the Judicial Commissioner for Tripura and Agartala dismissing the petition under Article 226 of the Constitution filed by the appellant, K.R. Deb.

2. The relevant facts are these. The appellant was appointed as a Sub-Inspector of Central Excise in a temporary vacancy on September 20, 1958 and he reported for duty on October 15, 1958. On May 30, 1959 he was alleged to have detained five maunds of onions from the house of one Sayed Ahmed at Ramendranagar. It is further alleged that one Siddique Ahmed handed over a sum of Rs. 100 to the appellant, through one Harendra Kumar Dutta, on May 31, 1959 but the appellant did not mention the realisation of this amount in his seizure report.

3. The following charge was framed against the appellant by Shri R. C. Mehra, Collector, Central Excise & Land Customs, Shillong:

"That Shri K. R. Deb, Sub -Inspector, was found guilty for concealing the fact of realisation of Rs. 100 from Shri Siddique Ahmed on 31-5-1959 and not reporting the matter in the seizure report or in his diary and thus misappropriated Government money of Rs. 100."

The allegations regarding this charge were