ORDER

A. K. Patnaik, J.

Leave granted.

2. This is an appeal by way of special leave under Article 136 of the Constitution against the order dated 09.06.2008 of the Division Bench of the Jharkhand High Court in L.P.A. No. 176 of 2008 (for short ‘the impugned order’).

3. The facts very briefly are that the appellant was recruited as a Constable in the Bihar State Police on 07.08.1971 and he was later on promoted to the post of Head Constable (Hawaldar). On 04.07.2004, a complaint was lodged in the Muzaffarpur Sadar Police Station that three unknown persons had snatched a car, which was registered as Muzaffarpur Sadar P.S. Case No. 139 of 2004 under Section 392 of the Indian Penal Code (for short ‘the I.P.C.’). The police recovered the stolen car on 13.07.2004 from the government quarters occupied by the appellant and arrested the son of the appellant, Raju Shukla @ Rajiv Shukla alongwith two others who were involved in the theft of the car. The appellant was suspended and a memo of charges was served on him on 20.07.2004 charging him with the misconduct of negligence, indiscipline, conduct unbecoming of a police personnel. It was also alleged that he had harboured the accused Raju