Sikri, C. J. - (1.) This is an appeal by special leave from the judgment of the Judicial Commissioner for Tripura and Agartala dismissing the petition under Article 226 of the Constitution filed by the appellant, K.R. Deb.
(2.) The relevant facts are these. The appellant was appointed as a Sub-Inspector of Central Excise in a temporary vacancy on September 20, 1958 and he reported for duty on October 15, 1958. On May 30, 1959 he was alleged to have detained five maunds of onions from the house of one Sayed Ahmed at Ramendranagar. It is further alleged that one Siddique Ahmed handed over a sum of Rs. 100 to the appellant, through one Harendra Kumar Dutta, on May 31, 1959 but the appellant did not mention the realisation of this amount in his seizure report.
(3.) The following charge was framed against the appellant by Shri R. C. Mehra, Collector, Central Excise and Land Customs, Shillong: "That Shri K. R. Deb, Sub -Inspector, was found guilty for concealing the fact of realisation of Rs. 100 from Shri Siddique Ahmed on 31-5-1959 and not reporting the matter in the seizure report or in his diary and thus misappropriated Government money of Rs. 100." The allegations regarding this charge were supplied to the appellant. The appellant applied for copies of certain documents on December 28, 1960. On March 30, 1961 be submitted his written statement of defence. In this written statement the appellant denied the charge. The Collector by his letter dated May 11, 1961, appointed Shri B. P. Barua, Examiner of Accounts Central Excise and Land Customs as Inquiry Officer. Shri Barua held an inquiry and submitted a report, dated July 3, 1961, holding that the charge framed against the appellant was not proved. The Enquiry Officer concluded. "There is no conclusive evidence to establish the charge of misappropriation of Government money. It is only established that the goods (5 mds. of onions) were seized from the house of Sri Siddique Ahmed but in his diary and seizure report Sri .K. R. Deb concealed the fact and seizure was shown to have been made on border. The charge does not include such concealment of fact." ;