Dr. Prasanna Kumar Agarwal, the appellant herein, was the petitioner in Civil Rule No. 1786 of 1994 wherein he has challenged the order made on 17th November. 1989 (Annexure IX to the writ petition) suspending the petitioner from service, the show cause notice issued on 29th March, 1994 (Annexure XI) and the contemplated disciplinary proceedings against the petitioner, and he has sought for quashing the same in a petition under Article 226 of the Constitution of India for the reasons set out in the writ petition. Indeed, he has also sought for the above prayer in view of the pending criminal prosecution in the Special Case No.23 (C)/88. being considered in the Court of Special Judge, Assam. The petitioner has also sought for keeping in abeyance the departmental enquiry against him until the aforesaid criminal proceedings are disposed of.

2. There was an order of interim stay granted by the writ Court on 12th May. 1994 staying further proceedings of the departmental proceedings against the petitioner. However, after hearing learned counsel on both sides, the learned Single Judge of this Court by an order on 27th September, 1996 dismissed the writ petition and vac