JUDGMENT

J.M. PANCHAL, J.

1. Leave granted.

2. The instant appeal is directed against the Judgment dated March 7, 2006, rendered by the Division Bench of the Gauhati High Court in Writ Appeal No.282 of 2002 whereby the decision of the learned Single Judge dated October 5, 2002 passed in Civil Rule No.4048 of 1996, upholding the order of the Competent Authority, removing the respondent from service, is set aside and the matter is remanded to the appellate authority, namely, the Inspector General of Police to consider and inflict appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct.

3. The relevant facts emerging from the record of the case are as under. In the year 1967 the respondent was appointed as police constable by the Home Department, Government of Meghalaya. During the course of time he was promoted to the post of Sub-Inspector of police and posted as Armed Branch Sub-Inspector, 2nd Meghalaya Police Battalion at Goeragre. On May 5, 1995 he was directed to go to Shillong along with BNC Clyforth Sangma to disburse the pay for the month of April 1995 to the Bn personnel posted at Shillong. One 0.38 bore revolver bearing Number 787735 and 12 rounds of 0.38 ammunition were also issued to him for the purpose. He was specifically instructed to proceed to Shillong in a vehicle belonging to the department with other police personnel who were going to Shillong on platoon transfer with their arms and ammunition.

4. The respondent was further instructed to come back to Goeragre from Shillong in the same vehicle after the disbursement of pay etc. with other personnel who were to come back to Goeragre with their arms and ammunition. The respondent, in the company of Clyforth Sangma left Bn Headquarters in the morning of May 5, 1995 by Unit's vehicle No.ML-02 1038 at about 8.30 AM and arrived at Shillong at about 8.00 PM. On arrival at Shillong, the respondent began to disburse the pay. He also spent the whole next day in disbursing the rest of the pay. An amount of Rs.17,314/- could not be disbursed by him and he was supposed to deposit the same with the competent authority at the Headquarters. The respondent permitted Clyforth Sangma to visit his wife who was not feeling well and, therefore, in the morning of May 7, 1995 Clyforth Sangma left for his village Rajasimla and returned back to Bn Headquarters on May 9, 1995.

5. The respondent disobeyed the instructions given to him to come back to Bn Headquarters in the vehicle in which he had gone to Shillong. Instead he met and instructed BNC 737 Emmanual Jalong to prepare to leave for Bn Headquarters by night bus. On May 7, 1995 in the evening at about 4.30 p.m. he left the camp for the M.T.C. Bus Station. At the bus station he did not see the constables who were supposed to travel with him. Presuming that they must have proceeded in another bus, the respondent boarded the MTC bus No.ML-03-0099 bound for Tura. He was seated in Seat No.22. There was a passenger in the seat next to him on Seat No.21. At Jorabat the bus stopped where the respondent took dinner. After the bus resumed its onward journey for Tura, his co-passenger in Seat No.21 started chatting with him. The co-passenger took out a packet of biscuit and offered biscuits to the respondent. The respondent accepted the biscuits and after eating the biscuit he dosed off. When he woke up, the bus had reached somewhere near Anogri. He made enquiry about his belongings and found that his revolver with ammunition and pouch containing an amount of Rs.17,314/-, which was undisbursed pay were missing. He also realized that his co-passenger in seat No.21 was not around.

6. When he reached Goeragre he looked for his belongings again but could not find them. He then left for his residence. After sleeping for some time he woke up and went to Tura with the intention of searching the bus once again. He met the Depot Manager who informed that the bus had left for Nanggalbibra and would r