BIBEKANANDA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ Petitioner is a Home Guard. He was attached to Mandir Bazar Police Station. The Officer -in -Charge of the said police station directed the Petitioner to accompany him to Bhawanipur Police Hospital for the treatment of the said Officer -in -Charge. Surprisingly, the Superintendent of Police, on November 2, 1978, dismissed the Home Guard concerned for complying with the direction of his superior. The Home Guard concerned challenged the order of termination before this Court under Article 226 of the Constitution of India, which was registered as Civil Rule No. 6328(W) of 1979.

(2.) On November 2, 1987 Sudhir Ranjan Ray, J. allowed the writ application and, consequently, the said rule was made absolute. The order or discharge was set aside and the Respondents were directed to reinstate the Petitioner in service, within a period of 30 (thirty) days from the date of communication of the said order, with all back wages, from October 30, 1978 as might be admissible to him under the relevant rules and in accordance with law. It was, further, directed that the back wages have to be paid to the Petitioner within 60 (sixty) days from the date of his reinstatement.

(3.) This writ application is moved in order to implement the said order dated November 2, 1978 of this Court inasmuch as, admittedly, the writ Petitioner was not reinstated nor his arrears have been released in terms of the said order dated November 2, 1978.