JUDGMENT

Hima Kohli, J. - 1-2 By this order, we propose to decide two appeals preferred by the Union of India and the connected appeals preferred by the private respondent against the common judgment and order dated 9th September, 2021 passed by the Division Bench of the High Court at Calcutta in FMA No.679 of 2019 and FMA No. 680 of 2019.

3. For the sake of convenience, the facts stated in the Civil Appeals shall be referred to. The respondent joined the Central Industrial Security Force¹[For short 'CISF'] as a Constable on 26th February, 1994. On 7th November, 2007, the respondent was detailed for 'C' shift duty from 21:00 hours on 7th November, 2007 to 05:00 hours on 8th November, 2007 at Alif Nagar Scrap yard situated in the Garden Reach area of the Kolkata Port. On the next day, i.e., on 8th November, 2007, the local police intercepted a Tata-407 truck loaded with approximately 800 kg. (approx.) of copper wires outside the port premises and informed the CISF about the said incident on learning that the copper wires had been removed from the Kolkata Port Trust area. It transpired that the said copper wires had been removed from the scrap yard of Alif Nagar Kolkata Port in the du