N. Chaudhury, J.

1. Whether failure of the Disciplinary Authority to appoint Presenting Officer irrespective of any prejudice to the delinquent employee who did not deny the charges by filing written statement or otherwise and rather had pleaded guilty, can vitiate the whole proceeding is the moot question to be answered in this writ petition. In this case, the writ petitioner who was a constable in the CRPF was dismissed from service, inter alia, on the basis of admitted charges of misconduct including a one involving moral turpitude bringing disrepute to the disciplined force which were also proved independently by the witnesses and an appeal preferred there against also failed. By this application under Article 226 of the Constitution of India, the petitioner has challenged the said order of dismissal dated 7.5.2011 passed by the respondent No. 4. The appellate order refusing to interfere with the order of dismissal dated 7.5.2011 has also been challenged hereby

2. The factual matrix on which this writ petition is founded is required to be narrated in short Petitioner, Ajay Kumar Paswan was a Constable in the CRPF. He was placed under suspension under Rule 10(a) of the CCS (CCA) Rules, 1965 read with Rule 27(A) of the CRPF Rule 1955 on 10.1.2011 by an order of the Commandant-186 Bn. On the same date a memorandum as to substance of imputation was served on him along with statements of imputation. By the said memorandum he was asked to give his written statement of defence within 10 days and also to state whether he desired to be heard in person. It was specifically mentioned therein that in case he failed to submit written statement as required and/or did not appear, inquiry would be held against him ex parte. The articles of charges framed against him are as follows:

Article-I

That No. 060876044 CT/GD Ajay Kumar Paswan of B/186 Bn CRPF while functioning as CT/GD committed misconduct in his capacity as a member of the force under section 11(1) of CRPF Act 1949 in that on 9.12.10 at 2030 hrs while on duty he consumed alcohol and opened fired in the Jawan's line without any provocation or any reason and caused panic in the Bn.

Article-II

That, No. 060876044 CT/GD Ajay Kumar Paswan of B/186 Bn. CRPF committed an act of misconduct in his capacity as a member of the force under section 11(1) of CRPF Act, 1949 in that while posted in B/186 he made an illicit relationship with a married Assamese lady named Debaro Sonwal at Mahadevpur, Due to his illicit relation his family permission was cancelled and keeping in view of young stage of service and to give him an opportunity to correct himself he was posted to B/186 at Pasighat. But while posted in B/186 at Pasighat, during leave he was staying with Debario Sonwal at Mahadevpur instead of going to his home town.

3. The petitioner received the memorandum along with its annexure which are the articles of two charges referred to above and the statements of allegations as well as the list of documents and the witnesses. But he did not submit any written statement of defence and did not deny the correctness of the charges leveled against him. However, the authority by order dated 31.1.2011 appointed the Assistant Commandant of the battalion as the Enquiry Officer to enquire into the charges framed against the petitioner.

4. It is to be mentioned here that when a preliminary investigation in regard to plea of guilty was held by the enquiry officer on 17.2.2011, he pleaded guilty with regard to both the charges. He also categorically denied having anything to say about the proceedings. The said plea of guilty is on record and the petitioner has neither retracted the same in his appeal petition nor he has denied the same in the writ petition.

5. The Enquiry Officer (hereinafter referred to as 'the EO') asked the witnesses as to what did they want to say and thereupon himself prepared the memorandum of their statements in presence of the petitioner (the delinquent employee herein). All the wit