Judgment

OJHA, J. :- This appeal by special leave has been preferred against the Judgment dated 8th March 1976, of the Gauhati High Court in Civil Rule No. 261 of 1973. The appellant who was a Sub-Inspector of Police in Assam was dismissed by the Superintendent of Police, Darrang district, Tezpur, by Order dated 29th January, 1973. This order was passed without compliance with the requirements of Art. 311(2) of the Constitution on the ground that it was a case to which the provisions of Cl. (b) of the second proviso to Art. 311(2) were attracted. The appellant preferred an appeal to the Inspector- General of Police, Assam(Shilong). The said appeal having been dismissed he challenged the order of dismissal as well as the appellate order under Art. 226 of the Constitution in Civil Rule No. 261 of 1973 referred to above. The various submissions made on behalf of the appellant did not, however, find favour with the Learned Judges who heard the civil rule mentioned above resulting in its dismissal by the judgment appealed against.

2. Two submissions have been made by learned counsel for the appellant :-

(i) The appellant having been appointed as Sub-Inspector of Police by the Inspector Gen