KUDDUS MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this common judgment and order, we propose to dispose of both the appeals, which have arisen out of the judgment and order, dated 17.2.2003, passed in Civil Rule No. 41 Oof 1994.

(2.) The writ petitioner, namely, Kuddus Miah challenged the order, dated 25.2.1994, passed by the Superintendent of Police, South Tripura, dismissing the petitioner, who was a constable, from service. By the judgment and order, dated 17.2.2003, the learned Single Judge, while allowing the writ petition, observed and directed as follows :

(3.) Dissatisfied by the fact that while setting aside the petitioner's dismissal from service and directing his reinstatement in service, the learned Single Judge had also permitted the respondents/authorities concerned to continue with the departmental proceeding afresh after affording a reasonable opportunity to the writ petitioner and that the learned Single Judge had held the petitioner entitled to receive merely 50% of the back wages, the petitioner came before this Court by way an appeal, which has given rise to Writ Appeal No. 18 of 2))03. Aggrieved by the fact that the writ petitioner's dismissal from service had bEen set aside and he had been directed to be reinstated in service with 50% of the back wages, the respondents/authorities concerned have also come before this Court with an appeal, which has given rise to Writ Appeal No. 31 of 2003.