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 Nu