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