S SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant-writ petitioner, who was working as a Constable in the Assam Police Task Force, was placed under suspension by the order dated 2.2.94. The order of suspension reads as under:-

(2.) By the order dated 26.2.94, he was discharged from service by dispensing with enquiry under Article 311(2)(b) of the Constitution of India. The reason given for not holding the departmental enquiry was,

(3.) The present appeal has been filed that in fact there was no reason to withhold the backwages as the impugned order of discharge has been quashed and the petitioner should be deemed to be in duty for all intents and purposes including pay. It was further submitted that the observation of the learned Single Judge that the backwages were being withheld because of the conduct reflected in the order of dismissal would cast aspersion against the writ petitioner.