Dr. Mukundakam Sharma, J.

1. This writ petition is filed by the petitioner against the order of sentence passed by the respondents whereby the petitioner has been dismissed from service. Being aggrieved by the said order, the petitioner also filed an appeal before the appellate authority in the nature of a statutory appeal. The said appeal was disposed of by the appellate authority and the petitioner was so informed by communication dated 3.1.2001 intimating that the appeal filed by the petitioner has been rejected by the Director General as the same was found to be without any merit. Both the aforesaid orders are under challenge in this petition.

2. Before adverting to various pleas raised in this petition, it would be necessary to set out certain background facts leading to passing of the aforesaid order against the petitioner. The petitioner while working as Constable was posted at (Border Out Post) BOP, Banpur, on the Bangladesh Border when an allegation was brought against the petitioner that on 29.7.2000 while performing duty at fence gate No.3 of the Border Out Post, Banpur, he not only did not exercise his authority but also did not prevent smugglers from crossing the