Kailash Gambhir, J. (Oral):--

1. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks (i) a writ of certiorari for quashing the order dated 28.02.2009, passed by respondent No. 5 whereby he has been removed from service and also the orders dated 08.07.2009 and 10.11.2009, passed by respondent Nos. 4 and 3 respectively, whereby his appeal and revision were dismissed and (ii) a writ of mandamus to the respondents to reinstate the petitioner in service with all consequential benefits.

2. Advancing arguments on behalf of the petitioner, Ms. Rekha Palli, the learned counsel submits that the report of the Enquiry Officer is wholly perverse as he had deliberately ignored the major contradictions in the statements of the prosecution witnesses and thus, the facts were not properly appreciated by the Enquiry Officer in right earnest and in the proper perspective. She argued that PW-5 who was alleged to be a witness to the petitioner running away with three currency notes of Rs. 10/- denomination each, specifically denied having seen anything of that kind; that even PW-2, the Assistant Commandant stated that he did not remember whether anybody ran

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