A.Kabir, J. - (1.) The short point for decision in this appeal which has been preferred against the order dated 5th February, 1989, passed by a learned Single Judge in Matter No.4777 of 1986, is whether the learned Single Judge was justified in directing the respondents in the writ application to allow the writ petitioner to join his duty forthwith, and further directing that the petitioner should be deemed to be in service all along without any break, and should be paid all arrears of his salary, after adjustment in respect of the subsistence allowance which had already been paid to him.
(2.) Briefly speaking, the case of the writ petitioner/respondent No.1 in the writ petition was that he was appointed as a Group 'D' employee under the District Magistrate and Collector, 24-Parganas (North). On 10th May, 1979 the petitioner was taken into custody in connection with Barrackpore P.S. case No.6 dated 10th May, 1979 under sections 409, 406 and 471 of the Indian Penal Code. The petitioner was charge sheeted and suspended and enquiry proceedings were, thereafter, commenced against him. According to the writ petitioner, he was found not guilty in respect of the charges levelled against him, and the District Magistrate submitted a report accordingly.
(3.) The grievance of the writ petitioner was that, although the departmental proceedings against him were dropped, and he was found not guilty in respect of the charges, the suspension order passed against him had not been withdrawn.;