JUDGMENT

K.JAYACHANDRA REDDY, J.:— In this writ petition the petitioner has challenged the order passed by the Commandant, 11 th Battalion C.R. P.F., the 4th respondent, dismissing the petitioner from service. The petitioner was working as a Head-Constable in the Central Reserve Police Force ("CRPF" for short) on the relevant date. He joined as a Constable in the year 1963. He was awarded three medals for performing his duty diligently and in the year 1967 he was given an award of Rs. 500/- and a special promotion while fighting in the Nagaland. He also claims to have been awarded some other such cash awards later. He was promoted as Head Constable later on. In total he has put in 20 years of service. While working as Post Commander of Vijaynagar Post Tirap District, two under-trial prisoners who were Burmese nationals, were handed over on 29-3-83 till further orders by the Circle Officer to the custody of the CRPF Vijaynagar Post of which the petitioner was the Post Commander. On the intervening night of 4th and 5th April, 1983 the two Burmese nationals escaped from the custody. It was alleged that the petitioner was negligent in,his duty and that he did not take immediate action to report the matter to the Circle Officer and that he also connived the escape of the two under-trial prisoners and deliberately dug a tunnel to make it a pear that the under-trial prisoners had dug the tunnel and escaped through the same. On the basis of this incident, a chargesheet was served on 18th August, 1983 on the petitioner and an enquiry was conducted. The Deputy Superintendent of Police was the Enquiry Officer and he recorded the statements of some witnesses who were then posted under the petitioner. That enquiry was cancelled and a fresh enquiry was commenced. Three charges were framed which are referred to as Articles in the report of the Enquiry Officer. These are as under:

"Article-I

No. 630110316 HC. L.S. Pandey of E Coy 11 Bn. CRPF while functioning as post Commander of Vijaynagar post in Distt. Tirap (ACP) from 11-3-83 to 18-6-83 and while functioning as Guard Commander of the Guard post Vijaynagar post in Distt. Tirap (ACP) on 5-4-83 committed an offence of remissness in his capacity as a member of the force u/ S. 1 1 (1) of CRPF Act, 1949 in that he allowed No. 800210049 Ct Md Shamsher Alam to leave the sentry post at 0430 hrs. without arranging proper relief which resulted in the escape of 2 UTPs from the prisoner cell.

Article-II

That during the aforesaid period while functioning as post Commander and guard Commander at Vijaynagar post, the said No. 630110316 HC. L-.S. Pandey of E Coy 1 1 Bn, CRPF committed an offence of neglect of duty in his capacity as a member of the force u/ S. 1 1 (1) of CRPF Act, 1949 in that he did not take immediate action to report the matter to the Circle Officer of Vijaynagar and sent Crash Message to Bn Hqrs when the UTPs were found missing from the UTPs cell at about 0500 hrs. on 5-4-83.

Article-III

That during the aforesaid period while functioning as post/guard Commander of Vijaynagar post in Distt. Tirap (ACP) the said No. 630110316 HC. L.S. Pandey 1 of E Coy 11 Bn, CRPF committed an offence of grave misconduct in his capacity as a member of the force u/ S. 11 (1) of CRPF Act, 1949 in that he connived the escape of two UTPs and deliberately dug the tunnel to make it appear that the UTPs had dug the tunnel and escaped through the tunnel. He did not handover the guard duty roster to next post Commander No. 630040452 HC. B. Lakra thereby destroying the documents to prevent its production as evidence."

The statements of some of the witnesses were recorded. Thereafter the delinquents statement also was recorded. The delinquent was again given an opportunity to put forward his plea. He pleaded not guilty and the delinquent was asked to enter his defence by filing a written statement and also produce a list of defence witnesses. He accordingly gave a list of defence witnesses and only one defence -Witness wa