Jayanta Kumar Biswas, J. - (1.) This Letters Patent appeal is against a judgment and order dated December 10, 1999 passed by a learned single Judge of this Court on a writ petition, being Civil Order No. 19764 (W) of 1995; it was filed by the respondent No. 1 herein. The appellants were respondent Nos. 3 and 6 in the said writ petition.
(2.) The relevant portion of the impugned order, passed by the learned single Judge, reads as under: "In view of the discussions made hereinabove I declare the findings of the enquiry officer and the order of dismissal as null and void and I set aside and quash both the findings of the enquiry officer and the order of dismissal dismissing the writ petitioner from the service. The writ petitioner is entitled to his back wages from the date of his dismissal till he is allowed to resume his duty or until he retires from the service whichever is earlier. I direct the respondents to pay the writ petitioner his salaries from the date of dismissal till he is allowed to resume his duty or until he retires from the service whichever is earlier within six weeks from date of communication of this order. I also direct the respondents to pay the petitioner Rs. 5000/- (Rupees five thousand) as cost of this litigation. Such cost should be paid within six weeks from the date of communication of the gist of this judgment and order."
(3.) On March 7, 2000 the following interim order was passed in this appeal: "After considering the facts and circumstances of the case and after going through the materials on record we direct that the operation of the order dated December 10, 1999 passed by the learned single Judge shall remain stayed to the extent that the petitioner respondent No. 1 will not be entitled to any arrears of salary from September 5, 1994 till he had attained the age of superannuation. However, the appellant shall release all other terminal benefits, including salary if there is any due to the petitioner/respondent, within four weeks from date." ;