JUDGMENT :

M.V. Muralidaran, J.

This writ petition has been filed by the petitioner challenging the order dated 4.6.2021 thereby sentencing the petitioner to suffer imprisonment for five years and to be dismissed from the service, which was upheld by the appellate authority vide order dated 30.11.2021.

2. The case of the petitioner is that he joined BSF at Koraput as trainee on 15.9.2011 and after passing out, resumed his duties at SHQ BSF, Koraput and thereafter, posted at SHQ, BSF, Jalpaiguri as Constable/Fitter. While he was on leave from 27.3.2020, one Kundan Kumar Rana, Head Constable requested the petitioner to allow him to stay and use the family quarters of the petitioner and the petitioner on good faith allowed the Kundan Kumar Rana to use the family quarters. In the month of July, Kundan Kumar Rana, after receiving the Government quarters allotted in his name, shifted his family adjacent to the petitioner’s quarters. After Kundan Kumar Rana shifted, the petitioner found some articles missing from his quarters and, as such, he enquired the same with Kundan Kumar Rana, to which some quarrel had taken place between them and, lastly on 23.11.2020, Kundan Kumar Rana returned all