DEPUTY POLICE COMMISSIONER Vs. SIRAJMINYA H BELIM

JUDGEMENT

(1.) Mr. N.D. Tiwari, learned advocate appears for the respondent and waives service of notice of admission. In the facts and circumstances of the case, appeal is taken up for final hearing today.

(2.) This appeal is directed against an interim order passed by the learned Single Judge in Special Civil Application No. 10530 of 1996 on April 30, 1996. On that day, the learned Single Judge passed the following order :

(3.) We have heard Mr. Bambhania, learned AGP for the Appellant and Mr. Tiwari,learned counsel for the Respondent. Mr. Bambhania submitted that it is true that the date in Special Civil Application No. 10530 of 1996, decided on 8th July, 1997 on which the matter was placed on Board, nobody appeared on behalf of the Respondent. He, however, stated that there was some communication gap on the part of the State authorities and in these circumstances, no one could appear. At the same time, however, according to Mr. Bambhania, the learned Single Judge ought to have appreciated the facts and circumstances of the case and ought not to have granted relief, which is of mandatory nature and that too against an order of suspension which is preventive in character and by directing the appellant-State to continue the respondent Police Constable by allowing him to perform functions, and discharge duties.