Anil Kumar Choudhary, J. - (1.) By Court.:- Heard learned counsel for the parties.
(2.) This writ application has been filed by the petitioner inter alia with prayers for (i) quashing the order contained in Memo No. 4015 dated 24.09.2007, issued by the respondent no. 4, by which the petitioner has been dismissed from service with immediate effect; (ii) quashing the order contained Memo No. 531 dated 13.06.2009, issued by the respondent no. 3, in the appeal preferred by the petitioner against the aforementioned order of his dismissal from the service issued by the respondent no.4; (iii) reinstatement of the petitioner in service with effect from 24.09.2007 with all consequential benefits and other reliefs.
(3.) The brief facts involved in the writ application are that the petitioner was appointed and joined on the post of constable in the year 1997. While the petitioner was posted at Bara Jamda Out Post as Reserve Guard on 31.03.2004 at about 1:40 P.M., the M.C.C. militants attacked the said out post and took away nine rifles, one revolver and cartridges from there injuring several police personnel. The duty of the petitioner on that date was from 2:00 P.M. to 4:00 P.M. The petitioner was issued a charge-sheet with the allegation that the duty time of the petitioner was to start from 2:00 P.M. but instead of getting ready to join his duty 10 minutes before the schedule time of reporting to duty, he was watching T.V. leisurely and did not put forth any resistance as a result of which, fire arms and ammunitions were looted by the M.C.C. extremists and as such, he committed indiscipline, dereliction of duties and for being negligent and is a coward, hence the petitioner is not fit to be a police personnel and as such, he was directed to file his show-cause within seven days.;