SURENDRA KUMAR CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed challenging the legality and validity of the order dated 4.1.86 passed by Special Superintendent of Police, C.I.D., Assam terminating the petitioner from service in exercise of power under F.R. 56 (b). The impugned order is quoted below.

(2.) F.R. 56 (b) of the FRs and SRs is quoted below :-

(3.) The law on this point has been settled by a decision of the Apex Coun but the recent decision of the Supreme Court is S. Ramachandra Raju v. State of Orissa, reported in AIR 1995 SC 111 wherein the Supreme Court in paragraph 8 and 9 laid down the: law as follows :-