(1.) BOTH the appeals are being decided by this common judgment inasmuch as both the appeals are arising out of the same judgment and facts of both the appeals are also intimately connected with each other.
(2.) WRIT Appeal No. 23 of 2005 has been filed by the delinquent Police Officer; whereas Writ Appeal No. 66 of 2005 has been filed by the State. In the former appeal, the delinquent is praying for modification of the impugned judgment only with regard to payment of back wages; whereas the later appeal has been filed by the State seeking restoration of the order of dismissal ordered by the Appellate Authority vide order dated 6. 8. 2002. In this way, findings of the learned Single Judge, rendered in the judgment and order dated 7. 3. 2005 in W. P. (C) No. 675 of 2003, in its entirety have been challenged by both sides from two different angles.
(3.) WE have heard Mr. H. N. K. Singh, learned Sr. Advocate assisted by Mr. Kh. Babulindro Singh, learned counsel for the delinquent; whereas the State was represented by Md. Jalal Uddin, learned Addl. G. A. We have also perused the impugned judgment, records of the writ petition as well as the relevant file of Disciplinary Inquiry No. 1 of 2001.