JUDGMENT

Arijit Pasayat J.-Punishment from removal from service as awarded by the disciplinary authority and maintained by the Division Bench of the Guwahati High Court, is the subject matter of challenge in this appeal. The Division Bench set aside the order of a learned Single Judge who had interfered with quantum of punishment awarded.

2. Controversy lies within a very narrow compass, as the factual scenario is almost undisputed.

3. The appellant was appointed as Constable in the Railway Protection Special Force on 16.4.1978. Disciplinary Proceedings were initiated against him by issuing notice under Section 9(1) of the Railway Protection Force Act, 1957 (in short the Act ) read with Rule 44 of the Railway Protection Force Rules, 1959 (in short the Rules ). Gravamen of charge against him was that he had left duties as well as the Tarantaran Station without permission. He was detailed with others for Quarter Guard cum Station Static Guard duty on 22.5.1987. At about 1125 hrs. he asked the Guard Commander to keep his arms and ammunition telling that he was proceeding home. The Guard Commander asked him not to go without permission. But disobeying the orders, he left his duty as w