JUDGMENT :

Sikri, J.

1. These appeals are directed against the judgment, dated January 15, 1965, of the High Court of Assam and Nagaland, allowing, in part the petition filed by Raghava Rajgopalachari, appellant in Civil Appeal No. 1562 of 1966, hereinafter referred to as the petitioner and declaring that "the petitioner continued in service from 13th May, 1947 (the date of his suspension) to 29th June, 1954 and for this period he will get his full pay. He is to go on pension with effect from 13th June, 1953. The subsistence allowance already drawn by the petitioner will have to be adjusted towards pay or pension as the case may be."

2. The relevant facts for appreciating the points raised before us are as follows :-

The petitioner was in the employment of the Government of Assam, his services were lent to the Government of India on deputation. In April 1945, he was posted as Assistant Iron and Steel Controller at Kanpur. On December 31, 1945, he was promoted Deputy Iron and Steel Controller, Kanpur Circle, Kanpur. On September 21, 1946 the petitioner proceeded on leave. On May 13, 1947, he was suspended from service by the Government of India. On March 2, 1949, a charge-sheet was fi