1975 (10) TMI 104

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..... KRISHNA IYER, J.- Was this virtually valstudinarian appeal by the Sate against an old and perhaps, by now, superannuated emyloyee 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 th....

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....e same post of Manager, at East Harinagar Livestock Farm with effect from the date the reports for duty. Sd/- G. K. Mehra, Director of Animal Husbandry & Vety. Department, Assam, Gauhati." Memo No. PI-918/26822 Dated Gauhati, the 13th Dec. '62. Copy forwarded to:- 1. Shri J. N. Roy Biswas, Manager, East Harinagar Livestock Farm (under suspension) C/o Brahmachari Maharaj Shri Dawarikan....

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....d. This was done and as the de novo recording of evidence progressed the respondent moved the High Court under Art. 226 for a writ of prohibition as, in his submission, there was no power to re- open a case concluded by exoneration and reinstatement and the illegal vexation of a second enquiry should be arrested. This grievance was held good by the High Court which granted the relief sought. Wh....

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....en exculpated after enquiry, the State could go at him by re-opening the proceedings only if the rules vested some such revisory power. None such has been shown to exist although one wonders why a rule vesting such a residuary power of a supervisory nature to be exercised in the event . of a subordinate disciplinary authority not having handled a delinquent adequately or rightly is brought to the ....