B.D. Agarwal, J.

1. This writ application under Article 226 of the Constitution of India has been filed seeking a writ in the nature of certiorari, so as to set aside the enquiry report dated 30.03.2000; the order dated 02.03.2005 passed by the Deputy Inspector General of Police (E), respondent No.3 dismissing the writ petitioner from service and the orders dated 16.10.2007 and 12.05.2009 passed by the appellate authority and reviewing authority, dismissing the statutory appeal and the review application of the writ petitioner.

2. Heard Mr. P. K. Tiwari, learned counsel for the petitioner and Ms. G Deka, learned Addl. Senior Government Advocate, Arunachal Pradesh.

3. The gist of the case is that at the relevant period, the writ petitioner was serving as Sub-Inspector of Police and he was posted at Tezu. The case of the department is that the writ petitioner had established illicit and extra martial relation with one girl Ms. Jyotsna Nath. Besides this, the petitioner was also found taking liquor/alcohol with the said girl and one civilian lady, namely Smt. Bina Balmiki in the house of the later. In the night of 14.09.1998, the petitioner had visited the house of Bina Balmiki and after taking alcohol they went to stay in a hotel. It was also the case of the respondents during the departmental enquiry that the petitioner had a quarrel with Jyotsna Nath which led to the murder of the said girl due to bullet injury, fired by the writ petitioner from his service pistol. The further story of the incident is that after committing-murder of Jyotsna Nath, the petitioner fled away from the hotel and on the way to home he handed over the service pistol to one Dilipso Tayeng from whose possession the said pistol was subsequently recovered in a half cocked position.

4. On the basis of the aforesaid facts, a departmental proceeding was held with the following charges:

STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST SI D. BEZBARUAH OF PS TEZU

ARTICLE-I

That one 9 mm service pistol bearing registration No. 15180042 with 10 (ten) rounds ammunition was issued to SI D. Bezbaruah, RO Tezu on 29.07.98 for VIP duty at Namsai. On completion of duty he was required to deposit the arms and ammunition as he was no more required to carry the same with him. But he continued to keep the above arms and ammunition with him unauthorisedly without any permission thereof. Such unauthorized possession of Government service pistol with ammunition by SI D. Bezbaruah is highly objectionable and amounts to gross misconduct and violation of instruction issued vide standing order No. PHO/CR/194/96-97 dtd. 30.05.97.

ARTICLE-II

That on 14.08.98 in between 8 to 9 PM SI D. Bezbaruah was found taking liquor in the house of one civilian lady Smti. Bina Balmiki, situated near Osin Hotel, Tezu with one girl namely Jyotsna Nath with whom he had alleged illicit relation. Some other people were also present there. In such indecent company SI D. Bezbaruah picked up quarrel with Jyotsna Nath and took out the service pistol, which was carried unauthorisedly by him and pointed the same at the girl to kill her. Such act on the part of SI D. Bezbaruah is gross mis-conduct and unbecoming of a member of disciplined force.

ARTICLE-III

That in the night of 14.08.98 SI D. Bezbaruah, accompanied with Jyotsna Nath, came to X Hotel Tezu having Government pistol with him and occupied one room thereat for his illicit relations. The company of Jyotsna Nath with SI D. Bezbaruah resulted in serious injury on her person by fire arm and ultimately to her death. But SI D. Bezbaruah was found missing from the place of occurrence without taking any step to inform the police regarding the incident or to shift Jyotsna Nath to the hospital. Such act on the part of SI D. Bezbaruah is gross misconduct, unbecoming of a member of disciplined force and prejudice to the reputation of the entire police department.

ARTICLE-IV

That the 9 mm service pistol bearing No. 15180042 with 10 Rds of ammunitions which was issued