(1.) This appeal is presented by the Union of India and the G.O.C., Eastern Command, Fort William, Calcutta, challenging the judgment and order made by the learned Single Judge in Civil Rule No. 1002/92 dated. 8th December, 1995, by which the learned Single Judge concluded as follows :
(2.) We have heard Mr A. R. Borthakur, learned Senior Counsel appearing; on behalf of the Union or India.
(3.) At the outset, the learned counsel for the appellants, argued that regard being Had to the finding recorded by the inquiriing authority (learned Distric Judge) and the documentary evidence referred to in the course of the conclusion reached by the inquiring authority, the learned Single Judge having referred to the same, arrived at the conclusion that this is not a fit case for awarding compensation either invoking the provisions of Article 21 or 22 of the Constitution.