U.B. SAHA, J.

1. This writ appeal is preferred against the judgment and order dated 12.04.2010 passed by the learned Single Judge of this Court in WP(C) 14/2006 whereby and where under the learned Single Judge while allowing the writ petition filed by the Respondent-Petitioner set aside the order dated 19.03.2000 whereby and where under the Respondent-Petitioner was removed from service w.e.f. 19.03.2000 (AN) consequent to a disciplinary proceeding and also the order dated 22.07.2004 whereby and where under the appellate authority rejected the appeal preferred by the Respondent-Petitioner against the order of the disciplinary authority and the order of the revision authority dated 02.03.2005 wherein the revision authority rejected the revision petition filed against the order of the appellate authority.

2. Heard Mr. A Lodh, learned Asst. SG for the Appellant as well as Ms K Roy, learned Counsel for the Respondent-Petitioner.

3. Factual background of the case needed to be discussed is as follows: -

The Petitioner was appointed to the post of Constable in the Central Reserve Police Force (for short, "CRPF") on 10.04.1991 and when he was working in the said capacity at Agartala on 23.10.1999 one Smt. Gita Rani Paul lodged an ejahar at the Airport PS alleging that the Respondent-Petitioner had committed rape on her at about 10.00 AM at Chinaihani under Airport PS. On receipt of the ejahar a criminal case was registered against the Respondent-Petitioner and upon investigation the investigating authority filed the charge sheet against the Respondent-Petitioner for the offence under Section 376 IPC.

4. While the criminal case was going on, vide order No. F.V.III-1/99-CII dated 23.10.1999 issued by the Commandant, 11 BN CRPF the Respondent-Petitioner was placed under suspension w.e.f. the date of issue of the said order in contemplation of a disciplinary proceeding against him. Vide another office order No. P.VIII-1/99-EC-II dated 04.12.1999 charge sheet was communicated to the Respondent-Petitioner for initiating a departmental inquiry against him. The charges labelled against the Respondent-Petitioner are as follows: -

Charge-I

That the Petitioner while functioning as constable (GD) has committed an offence of disobedience of order/misconduct in his capacity as a member of the force under Section 11(1) CRPF Act, 1949 in that he remained absent from lines from 0900 hrs to 09.30 hrs on 23.10.1999 from DIGP CRPF Agartala Office complex without proper permission of competent authority with consent of his Guard Commander.

Charge-II

That the Petitioner while functioning as constable (GD) has committed an act of misconduct in his capacity as a member of the force under Section11(1) CRPF Act, 1949 in that he tried to do sexual intercourse with an woman with mutual consent by given money which is an act of indiscipline/moral turpitude as a member of the force.

5. After framing of charge one Sri SS Bisht, Second-in-command, 11 BN CRPF was appointed as an Inquiry Officer vide office order No. PVIII/1/99-EC-II dated 18.12.1999 by the Disciplinary Authority, Commandant, 11 BN CRPF for conducting the said disciplinary proceeding against the Respondent. Admittedly, no Presenting Officer was appointed for the said disciplinary inquiry/proceeding against the Respondent. After completion of the inquiry the Inquiry Officer submitted his report on 15.01.2000 vide letter No. P.VIII-1/99-II-EC-2 dated 07.02.2000 stating that the charges against the Respondent-Petitioner were held proved. The disciplinary authority on the basis of the said report imposed penalty of removal from services exercising his power under Section 11(1) of the CRPF Act, 1949 read with Rule 27(A) of the CRPF Rule, 1955 upon the Respondent-Petitioner on 19.03.2000.

6. In the meantime, the Session Judge, West Tripura district, before whom the trial relating to the alleged offence committed by the Respondent-Petitioner was pending, passed the judgment and order on 20.09.2001 in Sessions Tria