JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 11.04.2018 passed by the Division Bench of the Gauhati High Court in Writ Appeal No. 346/2017, by which the Division Bench of the High Court has allowed the said appeal preferred by the respondents herein - Disciplinary Authority and has quashed and set aside the judgment and order 02.05.2017 passed by the learned Single Judge of the High Court in Writ Petition No. 3576 of 2014, by which the learned Single Judge allowed the said writ petition and interfered with the order of punishment of ‘removal from service’ inflicted upon the original writ petitioner and remitted the matter to the Disciplinary Authority, the original writ petitioner - delinquent has preferred the present appeal.

2. The appellant herein was serving as a Head Constable (Ministerial) in the 15th Battalion of the Sashastra Seema Bal (SSB), Bongaigaon. He was charged with violation of good order and discipline under Section 43 of the Shashastra Seema Bal Act, 2007 (hereinafter referred to as the ‘SSB Act’), for having entered the Mahila Barrack of the Battalion at around 00:15 hours, on the intervening night of 14t