Judgment

DWIVEDI, J. :- The appellant, Ghanshyam Das Shrivastava, was employed as a Forest Ranger by the State of Madhya Pradesh. By a Government order, dated October 21, 1964 he was put under suspension with effect from October 30, 1964. The Divisional Forest Officer, South Bastar Division, directed him to remain at Jagdalpur during the period of suspension Certain charges were framed against him, and an enquiry was initiated. He did not participate in the enquiry. The enquiry proceeded ex parte. On May 28, 1965 the Enquiry Officer submitted his report to the Government. He found the charges proved. He recommended that the appellant should be dismissed from service. On June 8, 1966, the Government passed an order dismissing him from service. Then he filed a writ petition in the High Court at Jabalpur. The writ petition was dismissed. He filed an appeal in this Court on the strength of a certificate granted by the High Court.

2. In this Court the appellant s main argument was that in the special circumstances of the case he got no opportunity to defend himself before the Enquiry Officer. The place of enquiry was Jagdalpur which is 500 kilometres away from Rewa where he was residing during his suspension. No subsistence allowance was paid to him, and he had no money to go to Jagdalpur to face the enquiry. This Court took the view that if no subsistence allowance was paid to him and if he could not go to Jagdalpur and face the enquiry on account of the non-payment of subsistence allowance, the enquiry would be vitiated and the order of dismissal could not be sustained. As the High Court had not investigated the point raised by the appellant before this Court, the case was remanded to the High Court with the direction that the High Court should hear the parties on the question: "whether the appellant was paid the subsistence allowance at any time before the disposal of the hearing before the Enquiry Officer, and whether on account of non-payment of the subsistence allowance he was unable to appear before the Enquiry Officer." The High Court was directed to dispose of the writ petition in the light of its finding on the question.

3. In the High Court the appellant and the respondent filed affidavits in support of their case on the question. On a perusal of the entire evidence on record the High Court answered the question against the appellant. This appeal by special leave is directed against the order of the High Court dismissing the writ petition.

4. The High Court has found the following facts : The hearing of the case started before the Enquiry Officer at Jagdalpur on February, 1965. The case was heard on February 10, 11 and March 13, 1965. It appears that a part of the evidence for the Government was recorded on those dates. On March, 20, 1965, the appellant received Rs. 312/- as subsistence allowance for the months of November and December, 1964 and January, 1965. Further evidence for the Government was recorded on April 3, 6 and 15, 1965. A second payment of Rs. 213/- as subsistence allowance was made to the appellant on May 13, 1965. As already stated, the Enquiry Officer submitted his report to the Government on May 28, 1965. These facts plainly show that a part of the evidence had already been recorded before the first payment of substance allowance was made to the appellant. Nevertheless, the High Court has held that he was not unable to appear before the Enquiry Officer on account of the non-payment of his subsistence allowance. The principal reasons given by the High Court in support of its view are these :

(1) The appellant did not complain specifically in the writ petition that he could not attend the enquiry as he had not been paid subsistence allowance and had no means of his own to meet the expenses of going to Jagdalpur from Rewa for facing the enquiry;

(2) His affidavit gives no particulars about the sources of his income and the estimate of expenses to be incurred by him in the enquiry and does not explain how he wa