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