C.R. Sarma, J.

1. The judgment and order, dated 27.3.2009, passed by a learned Single Judge of this Court, in WP(C) 4705/2003, is in challenge in this appeal.

The appellant, as writ appellant, by preferring the said writ petition, challenged the order, dated 19.12.1999, issued by the Superintendent of Police, Dibrugarh, whereby and whereunder the writ appellant was dismissed from service, following a regular departmental proceeding, held against him.

By issuing the first show cause notice in the said departmental proceeding No. 13/1998, initiated against the appellant, the Superintendent of Police, Dibrugarh, vide charge memo dated 3.10.1998, alleged that, on 16.9.1998, the writ appellant, along with three Sub-Inspectors, three Armed Constables and five Unarmed Constables were entrusted with duty to check vehicles at the Madhupur Tiniali, in connection with anti insurgency operation. It has been alleged that, at about 5.40 P.M., two unidentified youths, who were riding a motor cycle, were stopped by Sub-Inspector Shri Khagen Konwar, Officer-in-charge Duliajan Police Station and Sub-Inspector Shri Pranab Buragohain and on being so intercepted, the said youths opened fire on the police party, as a result of which Sub-Inspector Shri Khagen Konwar and Sub-Inspector Shri Pranab Buragohain sustained bullet injuries.

2. In the first charge, brought against the appellant, it has been charged that, while the appellant, along with Sub-Inspector Haresh Kumar Borgohain and three other constables, were standing at a distance of about 15 metres from the place of occurrence, for the purpose of protecting the officers, on duty, despite opening of fire, by the miscreants, at the Police party, on duty, the appellant failed to retaliate by firing even a single shot, as a result of which the assailants could escape, on foot, leaving behind their motor cycle. It has been charged that the said acts/lapses, on the part of the appellant, amounted to gross negligence of duty, gross misconduct and dereliction of duty.

In the second charge, brought against the appellant, it has been alleged that, while both the injured officers were lying injured, on the ground, the appellant, instead of taking any initiative for taking them for treatment, left the place of occurrence, along with S.I. Haresh Kumar Borgohain and few other constables in their vehicle, bearing registration No. AS 06A/3055, out of fear. It has been alleged in the charge memo that the said act, on the part of the appellant amounted to serious negligence of lawful duty and cowardice, for which it was undesirable to retain him in the Force.

With the said charge memo, a list of witnesses and a list of documents, in support of the charges, brought against the appellant, were furnished to him. On receipt of the said charge memo, the appellant submitted his reply taking the defence, therein, that at the relevant time he was performing his duty at a distance of 50 yards from the place of incidence and that hearing sound of gun fire, though he had pointed his firearm towards the place of occurrence, due to darkness and also obstruction, could not take appropriate aim to fire through his weapon.

In reply to the second charge, the appellant stated that, he along with other constables, rushed to the place of occurrence, put the injured Sub-Inspector Shri Khagen Konwar, Officer-in-charge Duliajan Police Station and Sub-Inspector Shri Pranab Buragohain into a Gypsy vehicle and, on being directed by Sub-Inspector Shri Khagen Konwar, Officer-in-charge Duliajan Police Station, he along with others, went ahead in the second Police vehicle (Venet) to clear the road towards Duliajan Hospital, where the injured Police Officers were taken in the Gypsy.

According to the appellant, he along with other Constables and Sub-Inspector Haresh Kumar Borgohain, proceeded to the Duliajan Hospital, followed by the vehicle carrying injured Sub-Inspector Shri Khagen Konwar, Officer-in-charge Duliajan Police Station and Sub-In