B.K. Sharma, J.

1. The petitioner is aggrieved by the Annexure-7 order dated 31.12.2009, by which pursuant to a departmental proceeding, he has been dismissed from service. The petitioner is also aggrieved by Annexure-9 order dated 15.03.2010 by which his departmental appeal preferred against the said order of dismissal from service has also been rejected. The petitioner while was serving as Constable of Field Sector, CISF Unit, OIL, Duliajan, was served with a memorandum of charge sheet dated 31.3.2009 levelling the charge of committing the act of gross misconduct, indiscipline and irresponsible act in that while he was deployed at Dog Squad. The Article of charge was as follows :-

That CISF No. 943400097 Constable Jiten Borah of Field Sector, CISF Unit OIL Duliajan has committed an act of gross misconduct, indiscipline and irresponsible act in that while he was deployed at Dog Squad as a Dog Handler he sent threaten letter to our four Senior Officers for to leave Assam within 01 month, to kill in office and residence by Human Bomb or Car Bomb, to threat Dog Handler to leave Assam or to kill them and for disturbing the activities of ULFA by the CIW personnel which explaining the said facts in the threaling letter.

2. In the statement of imputation of misconduct and indiscipline in support of article of charge, it was stated this :-

STATEMENT OF IMPUTATION OF MISCONDUCT AND INDISCIPLINE IN SUPPORT OF ARTICLES OF CHARGE FRAMED AGAINST No. 943400097 CONSTABLE JITEN BORAH OF FIELD SECTOR CISF UNIT OIL DULIAJAN.

ARTICLE OF CHARGE

That SISF No. 943400097 Constable Jiten Borah of Field Sector, CISF Unit OIL Duliajan while he was deployed in Dog Squad as a Dog handler for the period of Mar 2004 to May 2008. During the said period he was sent threatening letter separately to Shri. D.S. Rawat, Dy. Inspector General, Shri C.L. Chakroborty, Asstt. Comdt. (Now Dy. Comdt.), Shri S.K. Mishra, Asstt. Comdt. And Shri Rama Oraon, Asstt. Comdt. From Duliajan Post Office on 31.01.2008 which were received by the concerned officer on 2.2.08 in the false name of sender Pranab Das, ULFA Propaganda Secretary Duliajan that non-Assamies Gazetted officer shall leave Assam within one month otherwise they will kill by ULFA Candidate by using Car Bomb or human Bomb at their office or residence and Dog Handlers will leave Assam or otherwise they will also kill for disturbing the activities of ULFA candidates by the CISF personnel particularly CIW Staff and Dog Squad personnel. After deep study of the all letters by the senior officers, it is revealed that the letters were wrotten by the Disatisfy CISF personnel rather than ULFA Candidate as contained in the letter threat to Dog Handlar and also papers were used which was supplied by the OIL Management to the office of the CISF. After verification of the available documents in the CISF Unit OIL Duliajan at Dog Squad the handwriting as written as address on the four envalopes are similar of handwriting as Constable Jiten Bora which are found from Dog Training Practice Register, writting sample of Const. Jiten Bora dated 06.04.2008, as he filled up Details of Family Form dated 31.08.1998, DCRG Form dated 31.08.1998, RMS Fund Form, CGEGIS Form, CL Application dated 19.01.2007, Note Sheet dated 03.09.07, Dated 3.10.07, dated 3.10.07 and dated 3.9.07, written on question papers during Rotation Course dt. 31.07.2007 and dated 03.10.2008 and as sample Dog Handler Biodata Form written by Const. Jiten Bora and handwriting the above four threaten letters are verified from the Government Examiner of Questioned Documents, Directorate of Forensic Science, Kolkata vide CISF Unit OIL Duliajan letter No. IC-17013/CISF/INT/OIL(D)/08/11070 dated 18.7.2008 and their letter No. DXC/131/2008/1237 dated 07.08.2008 that it is proved that the all above documents and four threaten letters were wrote by the one person Const. Jiten Bora. Being a member of Armed Force of Union, the act committed by CISF No. 943400097 Constable Jiten