K. J. SENGUPTA, J.

( 1 ) THIS appeal is directed against the judgment and order of the learned single Judge of this Court dated 21/08/2000 rendered in Writ Petition No. 99 of 1999. By this judgment and order the learned single Judge granted part relief to the writ petitioner being the respondent No. 1 by directing the respondent No. 2 to pay a sum of Rs. 2 lakhs as compensation with liberty to realize this amount of compensation or a part thereof from the respondent No. 2, viz. , the appellant herein. Further liberty has been granted to the writ petitioner/respondent No. 1 to file a suit for damages against the respondents, viz. , the appellant and the respondent No. 2 herein or any other officer against whom personal acts of malice, misfeasance or malfeasance might be pleaded and proved.

( 2 ) THIS case has chequered history which is put in a narrow compass as follows :-the respondent No. 1 at the relevant time was a registered medical practitioner and on the date of filing of the writ petition he had completed his practice for 16 years in a chamber situated at Kalpana Medical Store at Goalghar in the town of Port Blair. Pursuant to a complaint lodged by the then Superintendent

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