Judgment

KRISHNA IYER, JJ.

( 1 ) WAS this virtually valetudinarian appeal by the State against an old and perhaps, by now superannuated employee necessary? Litigation by the State means laying out public resources, in a country of much poverty and scarce resources, and only if the demanding justice of a case calls for it should an appeal, otherwise of inconsequence, be carried to the highest Court. In the present instance, a veterinary assistant, the respondent herein, was suspended in 1960 followed by disciplinary proceedings. An enquiry officer, appointed by the Director of Animal Husbandry and Veterinary Department, conducted the proceedings, submitted his report of findings adverse to the respondent, whereupon a show cause notice indicating the penalty of dismissal was issued. The delinquent pleaded innocence by his explanatory statement and the Director, on a study of the case in the light if the explanation offered, directed reinstatement in a cryptic order which runs thus:

"office ORDER NO. 81 dated 11-12-62

SHRI J. N. Roy Biswas, Manager, East Harinagar Livestock Farm (Cachar) who was placed under suspension vide this office order No. 42 dated 23-12-60, is re-instated in the