Judgment

JAGANMOHAN REDDY, J. :- 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 c