DEPUTY COMMISSIONER OF POLICE Vs. AKHLAQ AHMAD

JUDGEMENT

(1.) Heard learned counsel on both sides.

(2.) We do consider the contentions of Shri K. Lahiri, learned Senior Counsel, against the correctness of the order of the tribunal eminently arguable. It is true that the tribunal's view may not have correctly appreciated the nature of the termination and the effect its order would have on the discipline of the police force. But, subsequent to the order of the tribunal, the authorities have not only reinstated the respondent back in service which action could be explained as consistent with the directions of the tribunal but have also subsequently by a further order dated 18/02/1991 confirmed the respondent in service with effect from February I, 1986. The latter action on the part of the authorities cannot be said to have been taken under the compulsions of the tribunal's order.

(3.) In view of these subsequent developments, we do not think it is proper for us to disturb and set aside the reinstatement. Indeed, this prayer has been rendered difficult to be granted by the actions of the authorities themselves.