Hrishikesh Roy, J.

1. Heard Mr. Takamass, leaned Counsel appearing for the Petitioner. Also heard Mr. B.N. Sarma, learned senior advocate representing the Respondents.

2. The Petitioner who was appointed as an Armed Branch Sub-Inspector (ASBI) by order dated 13.7.2006 issued by the Director General of Police (DGP), Nagaland has approached this Court seeking direction for implementation of order dated 9.9.2009 (Annexure M) of the Home Commissioner, Nagaland, whereby the termination order against the Petitioner on 4.5.2009 (Annexure K) has been quashed and the appeal filed to challenge the termination has been allowed.

3. Before proceeding to consider the issue raised in the writ petition, the relevant facts leading to termination of the Petitioner may be recorded.

3.1 After the Petitioner was appointed as an ASBI on 13.7.2006, he was deputed for training in the Police Academy at Umsaw, Meghalnya and on an allegation of mis-behaviour with a fellow trainee and breaking of mess rules in the Academy, he was released from the Academy on 4.12.2007.

3.2 Thereafter a disciplinary proceeding was drawn up against the Petitioner with a Memorandum of charge dated 25.3.2008 under the provisions of Rule 9(2) of the Nagaland Services (Discipline and Appeal) Rules, 1967 ('the Rules') on the following 2 articles of charge:

ARTICLE I

That Shri K. Zujamo Ovung of 10th NAP(IR) Bn., while undergoing 31st Basic Course at NEPA Umsaw, had failed to conform to the Mess rules that no trainee should use unparliamentarily words/abusive language in the Mess, spoil food items or consume intoxicating drinks and drugs in the Mess, That Shri K. Zujamo Ovung created a nuisance in the mess on 9.9.2007 by throwing plates and foods items under the influence of liquor, for which misconduct a warning letter was issued to him by the Director of NEPA, Umsaw.

By committing such a drastic act he has defamed the name of Nagaland Police Department and brought embarrassment to the Department.

He has, thus, failed to maintain absolute integrity and has committed an act which is unbecoming of a Government Servant.

Therefore, he has violated the Rule 4(1)(i) and (iii) of the Nagaland Government Service Conduct Rules, 1968.

ARTICLE II

That Shri K. Zujamo Ovung ABSI of 10th NAP (IR) Bn., while undergoing 31st Basic course at NEPA Umsaw failed to conform to the mess rules that no trainee should visit each other's room without bona fide purpose. That on 2.12.2007 Shri K. Zujamo Ovung had entered the room of a lady trainee and misbehaved with her for which act the academy was left with on other option but to send him back to his parent department at before completion of his training.

By committing such mis-behaviour he has failed to maintain absolute integrity and has committed an act which is unbecoming of a Government is Servant.

Therefore, he has violated the Rule 4(1)(i) and (iii) of the Nagaland Government Service Conduct Rule, 1068.

3.3 In the departmental inquiry conducted against the Petitioner, charge under article II was found to be proved whereas charge under Article I was not proved.

3.4 The Disciplinary Authority on consideration of the inquiry finding by his Memorandum dated 24.3.2009 proposed to inflict the penalty of dismissal against the Petitioner but on reconsideration of the matter, by order dated 4.5.2009 decision was taken to drop the disciplinary proceeding and instead terminate the Petitioner's service on the ground of unsuitability as he was purported to be on probation at that point of time.

3.5 The Petitioner being aggrieved by his termination of service, preferred an appeal under Rule 14 of the Rules before the Home Commissioner and by order dated 9.9.2009, the Home Commissioner acting as the appellate authority on the grounds and reasons recorded in his order allowed the, appeal holding held that the termination order is unsustainable in law. Accordingly the Appeal was allowed and the termination was interfered by the appellate authority.

3.6 As the representat