ORDER

Leave granted.

We have heard the counsel on both sides. Admittedly, the respondent had filed O.A. No. 1169/93 in the Maharashtra Administrative Tribunal, Bombay Bench against the order passed by the Commissioner of Police, Bombay removing him from service. The Commissioner had exercised his power under Article 311(2)(b) of the Constitution holding that in the circumstances it was not practicable to conduct an enquiry against the respondent. That order came to be confirmed by the Tribunal dismissing the O.A. on March 6, 1995. Against that, the respondent filed SLP(C) No. 11433/95 which was dismissed by this Court on 25.8.95. Pending the SLP, the respondent filed a review application in the Tribunal. The Tribunal after receipt of the order passed by this Court dismissing the SLP, by the impugned order dated 2.11.95 reviewed the order and set aside the order of dismissal. Thus this appeal by special leave.

2. It is contended for the respondent that the dismissal of the SLP does not preclude the Tribunal from reviewing the order since the dismissal was a non-speaking order. We fail to appreciate the contention of the respondent. It is true that this Court has held that the dismissal