JUDGMENT :

D. Biswas, J.—This writ appeal is directed against the judgment and order dated September 11, 1996 passed by the learned single Judge in Civil Rule No. 3839 of 1991 quashing the order of dismissal of the petitioner and directing the respondent to reconsider and to impose lesser punishment other than the punishment of dismissal. Being aggrieved, the Union of India and others have preferred this writ appeal.

2. The writ petitioner, who is the respondent herein, filed the petition under Article 226 of the Constitution of India challenging the penalty of dismissal on the ground that the disciplinary authority (Pretty Security Force Court) acted beyond jurisdiction and awarded verdict of guilt without giving him reasonable opportunity of being heard. The petitioner who was Head Constable in the Border Security Force (A. Coy 22 Bn.) was indicted under four counts for misconduct and dereliction of duty and charges were framed accordingly. On completion of the departmental proceedings, the penalty of dismissal from service was imposed as the charges framed against him were proved. The penalty was also affirmed by the higher authority in due course. Learned single Judge by the judg