AHSANUDDIN AMANULLAH, J.

Challenge in the present intra-court appeal is to the judgment dated 16.07.2013 passed by the learned Single Bench by which C.W.J.C. No. 471 of 2004 filed by the respondent-writ applicant has been allowed.

2. The respondent was appointed as constable in the Dog Squad of the C.I.D. in the year 1973. He proceeded on earned leave for two days and resumed his duty on 08.08.1988. In the meantime, an F.I.R. was lodged with a request to organize a raiding party to arrest persons who had demanded money by blackmailing the informant. The respondent was caught with Rs. 40,000/- by the raiding party and taken into custody. He was placed under suspension on 08.08.1988 and on 05.10.1988 chargesheet was submitted. On 14.06.1989 a departmental proceeding was also initiated against him. On 26.04.1994, the respondent was convicted in the criminal case. On 23.06.1995, the Enquiry Officer submitted his finding and the Superintendent of Police, C.I.D. issued second show cause to the respondent. In the meantime, conviction of the respondent was set aside in appeal by judgment dated 16.02.1996. Thereafter, the respondent submitted his reply to the second show cause on 11