BAHARUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. Rashid, learned counsel for the petitioner as well as Mrs. R. Borah, learned CGSC.

(2.) BY means of this writ petition, the petitioner, a member of the Central Police Reserve Force (CRPF), has prayed for a direction to the respondents to pay the arrear salary for the period from 20. 02. 95 to 22. 04. 05, alternatively for the period from 12. 01. 2001 to 22. 04. 05. The petitioner was dismissed from service by order dated 20. 02. 95 making a challenge to which he had filed a writ petition registered and numbered as C. R. No. 4289/95. The writ petition was allowed by judgment and order dated 12. 01. 01 to the extent of setting aside and quashing the order of dismissal dated 20. 02. 95. There was no consequential order for reinstatement in service and payment of arrear salary.

(3.) BEING aggrieved by the aforesaid judgment and order, the Union Govt. preferred writ appeal No. 127/2001 and the same was disposed of by order dated 30. 09. 04. Be it stated here that the order of dismissal was set aside not on merit, but on technical ground of violation of the principles of natural justice. In the appeal the order passed by the learned Single Judge was not interfered with on the same very ground of violation of the principles of natural justice in conducting the departmental proceeding against the petitioner pursuant to which he was dismissed from service.