Maibam B.K. Singh, J.

1. Heard Mr. A. Romenkumar, learned Counsel appearing on behalf of the Appellant and Mr. Th. Ibohal, learned senior Government Advocate appearing on behalf of the State Respondents.

2. There is no dispute in respect of the following essential facts:

The Appellant, who was serving as a Rifleman of C-Coy, 7 Battalion Manipur Rifles was placed under suspension vide order dated 25.03.2002 passed by the Commandant, 7th Battalion Manipur Rifles, purportedly on receipt of a report from the Superintendent/Imphal West on 24.03.2002 about the Appellant-writ Petitioner having been asserted in connection FIR Case No. 104 (3) 2002 IPS under Section 384/511/34 IPC and 10/13 UA (P) Act and remanded to police custody from 24.03.2002 to 30.03.2002. However, he was reinstated to his service with immediate effect vide order dated 29.8.2002 passed by the Commandant without prejudice to the Departmental Enquiry proposed to be proceeded against him. On 10.06.2002, a memorandum was issued by the Commandant regarding the said departmental inquiry by enclosing the substance of the imputation of misconduct or misbehaviour, statement of articles of charges and other necessary infor