AMITANGSHU DHAR Vs. PRESIDENT SHILONG CANTONMENT BOARD

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner who started his career as an Assistant Clerk in the Cantonment Board and eventually rose to the position of Office Super- intendent, seeks to challenge the order dated 7.11.83 and 19.12.94 as passed by the respondent No. 3 and prays for a direction to the respondents to pay him his salary for the period commencing from 2.5.78 to 20.11.93, which includes the period of suspension and remaining out of employment till passing of the order of reinstatement in service and resumption or duties.

(2.) The case seems to have a procrastinated history. It was way back in July, 1980 that the petitioner was dismissed from service. This order of dismissal from service was challenged by him in an appeal which also met with dismissal at the hands of the G-O-C, Eastern Command. Aggrieved by the same he filed a revision petition on 12th June, 1981 and the Central Govt. by its order dated 7th November, 1983, Annexure-A directed him to be reinstated in his service right from the date of his dismissal. But even while making the above direction, as for the period intervening the date of dismissal and the date of rejoining the duty, the Central

(3.) Learned counsel appearing for the petitioner contended that there was absolutely no enquiry held preceding the dismissal order which was wholly unjustified and uncalled for and the petitioner is entitled to his full wages for the period that he was under suspension and till the date his dismissal was revoked and he was allowed to resume duties.