Ajay Rastogi, J. - (1.) This appeal is directed against the final judgment and order dated 17th July, 2008 passed by the High Court of Orissa dismissing the writ petition filed by the appellant.
(2.) The brief seminal facts which may be relevant for consideration of the present appeal are that while serving as Constable in Central Industrial Security Force (in short "CISF") Unit, Rourkela Steel Plant, Rourkela, a criminal case was instituted against the appellant in Plantsite P.S. Case No. 378 of 1992 under Section 25(1) of the Arms Act and he was arrested on 30th November, 1992 on the allegation that he had provided a country made revolver to Subash Chandra Agarwalla, who murdered his aunt with it, giving rise to Sessions Trial No. 188/41 of 1993. At the same time, for a gross misconduct being committed by him in discharge of his duties, disciplinary proceedings were initiated against him by serving a Memorandum along with the charge-sheet dated 9th February, 1993 under Rule 34 of CISF Rules, 1969.
(3.) After holding disciplinary inquiry in terms of the procedure prescribed under the scheme of Rules, 1969, the Inquiry Officer after due compliance of the principles of natural justice, recorded a finding of guilt and the charge against the delinquent appellant stood proved as it reveals from the report of Inquiry(Annexure P-4 of the paper book) dated 27th April, 1994. After copy of the inquiry report was made available to the appellant and after affording him an opportunity of hearing, the Disciplinary Authority concurred with the finding recorded by the Inquiry Officer and while upholding the guilt inflicted him with a penalty of dismissal from service vide Order dated 21st May, 1994. It may be relevant to note that the Sessions Trial No. 188/41 of 1993 was also proceeded against him and it reveals from the record that since the material prosecution witnesses stood hostile, he was acquitted by the competent Court of jurisdiction vide judgment dated 12th September, 1995.;