A.B. Chaudhari, J.

1. Heard. Rule. Rule returnable forthwith.

Heard finally by consent of the learned Counsel for the rival parties.

FACTS:

2. By the present petition the petitioner has put to challenge the order No.282/2009 dated 12.12.2009, issued by the appellate authority, imposing higher punishment of retiring the petitioner compulsorily from service so also the order No.101/2011 dated 27.4.2011 of punishment by which the punishment for stoppage of three increments for three stages for three years with cumulative effect was imposed on the petitioner.

3. The petitioner was working as a member of Dog Squad BPQ (Nagpur Division) at Ballarshah and was the handler of the dog by name 'Rover'. The petitioner has been in service for the last 20 years in the Police Force and Railway Protection Force (RPF). On 27.7.2009, his duty was from 8:00 hours to 16:00 hours, when the two dogs 'Rusty' and 'Rover' were taken by him in the ground for training when both of them were playing and fighting merrily. The dog 'Rover' during that span of merry-making dashed with cement tiles and fell down and then ran towards the kennel. The petitioner went to the kennel and found that there was