Judgment

Dr. Arijit Pasayat, J. —

1. Heard learned counsel for the parties.

2. Leave granted.

3. Challenge in this appeal is to the Judgment of a Division Bench of the Gauhati High Court dismissing the writ appeal filed by the appellants.

4. Challenge in the writ appeal was to the Judgment and Order dated 04.12.2003 passed by learned Single Judge directing re-instatement of the writ petitioner (respondent herein) in service without payment of back wages. The reasons for which learned single Judge interfered with the Order of dismissal from service was that the witnesses examined earlier were not produced for cross examination. Punishment was awarded by the Disciplinary Authority by taking into account the report submitted by the enquiry officer recording establishment of charges. The Division Bench concurred with the findings of the learned Single Judge.

5. In support of the appeal learned counsel for the appellant submitted that the view taken by learned Single Judge and the Division Bench is contrary to what has been stated by this Court in several cases. Learned counsel for the respondent, on the other hand, submitted that because the requisite principles of natural justice were not f