Judgment

FAIZAN UDDIN, J.

(1) HEARD counsel for the parties.

(2) LEAVE granted.

(3) THIS appeal has been directed against the judgment and order dated 11/11/1986, passed by the Delhi High court dismissing the writ petition filed by the appellant against the order of his removal from service.

(4) THE appellant was appointed as security guard on 16/12/1970 in the Central Industrial Security Force. He was promoted as Head Constable in September 1981. In January 1983 the appellant was posted as Head Security Guard in the C.I.S.F. Unit Rourkela Steel Plant. On 25/1/1983 when the appellant was on duty in B shift (from 1.00 p.m. to 9.00 p.m.) at C post in the area known as N.R. Gate along with a security guard, a large number of persons totalling about 109 entered inside the Plant at about 7.45 p.m. and were found removing coal from the M.C.D. area which was the duty point of the appellant. The Crime Branch Staff seized 45 gunny bags filled with coal from the said intruders. It was alleged that at that point of time the appellant was found absent from his duty and he came to his duty point about 25 minutes after the aforesaid incident. Consequentl