N. Kotiswar Singh, J.

1. The present appeal has been preferred against the Judgment and order dated 8.1.2010 passed by the learned Single Judge in W.P. (C) No. 4827 of 2008 by which the writ petition filed by the appellant-petitioner challenging the order dated 16.4.2008 imposing major penalty of compulsory retirement from service by the disciplinary authority and the order dated 28.82008 of the appellate authority rejecting the departmental appeal of the appellant-petitioner was dismissed. Brief facts of the case, as may be relevant for consideration by this Court, may be stated herein-below.

2. While the petitioner was serving as an Additional Superintendent of Police in Lakhimpur District, he was placed under suspension by an order dated 10.07.2001 in contemplation of a departmental enquiry. The petitioner was subsequently served with the memorandum of charges containing following charges:-

1. While Sri. Bidyut Buragohain, APS was posted as Additional Superintendent of Police(S), Lakhimpur on 05.07.2001, the Army apprehended one Sri. Gojen Bhuyan alias Sri. Joon Kalita an ULFA militant along with arms and ammunitions from the barrack attached to his official residence as he had given shelter to the ULFA militant without informing his superior officers. Reportedly, the said Gojen Bhuyan had been staying with Sri. Bidyut Buragohain for last 7 (seven) months during his tenure at North Lakhimpur and also during his previous tenure at Nalbari. He had filed to produce the militant either before his superior officer in time or to any other authority for appropriate action. His above amounts to harbouring of criminal and is also detrimental the security of the State.

2. While Sri. Gojen Bhuyan (ULFA militant) was staying in the premises of Sri. Bidyut Buragohain Govt. quarter at North Lakhimpur, the ULFA militant attempted to extort money from some businessman of North Lakhimpur by threatening them and the telephone of Sri. Bidyut Buragohain, APS, was used but he did not take any action against the militant and thereby he had completely ailed to keep any check or watch on the activities of the ULFA militant being an important security officer in the district of Lakhimpur.

3. While Sri. Bidyut Buragohain, APS, was posted as Additional Superintendent of Police (HQ), Nalbari, one ULFA militant Sri. Gojen Bhuyan alias Joon Kalita, surrendered secretly on 12.12.2000 before him and the O.C. Borbori Police Station in Subonsiri village under Borbori Police Station alongwith arms and ammunitions. Shri Bidyut Buragohain, APS, had taken over custody of the surrendered militant with arms and ammunitions and kept him under his personal custody with a reported intension to secure his surrender formally. But he had never secured his formal surrender and continued to keep him under his personal custody without any clear information to the Superintendent of Police, Nalbari. He didn't keep Sri. Gojen Bhuyan (ULFA) along with other surrendered militants in the barrack designated for them by Nalbari Police Station. Shri Bidyut Buragohain, APS, was therefore charge with dereliction of duties and gross misconduct.

4. Again when Sri. Bidyut Buragohain, APS, was transferred to Lakhimpur from Nalbari as Additional Superintendent of Police (HQ) he took Sri. Gojen an ULFA militant with him along and lodged him in the security barrack at his official residence premises and failed to inform the Superintendent of Police, Lakhimpur, Sri. Bubhrajyoti Hazarika, APS, clearly that a militant had been staying with him in his security barrack, in the manner similar to when he was posted at Nalbari as addl. S.P(HQ), therefore, he was charged with serious misconduct and indiscipline.

5. Being a senior responsible police officer, Sri. Bidyut Buragohain, APS, could have easily secured his surrender as per laid down procedure, but although several opportunities were available during his posting at Nalbari as-well-as Lakhimpur, he did not take any positive and effective ac