Amitava Roy, J.

1. The subject matter of challenge is the disciplinary action taken by the Respondents against the Petitioner resulting in his dismissal from service on the charge of misconduct.

2. I have heard Mr. D.C. Mahanta, Senior Advocate assisted by Mr. K.K. Das, Advocate for the Petitioner and Mr. N. Baruah, learned Central Government Standing Counsel for the Respondents.

3. The pleaded case of the Petitioner in short is that, while was serving as a Driver with the Central Reserved Police Force (hereafter for short referred to as Force) and posted at Guwahati, he was served with the memorandum of charges dated 30.7.1999 leveling the following imputations:

Article-I

No. 810698439 HC/Dvr. T. Thomas of HQ/60 Bn CRPF while performing as HC/Dvr in HQ/60 Bn CRPF during 26.4.99 as a member of the force under Section 11(1) of CRPF Act, 1949 in that No. 810698439 HC/Dvr T. Thomas deliberately made an attempt to cheat his superiors by fraudulent act for his personal gain to get the leave sectioned. Thus he violated CRPF Act which is prejudicial to good order and discipline of the force.

Article-II

No. 810698439 HC/Dvr. T. Thomas of HQ/60 Bn CRPF while performing in HQ/60 Bn CRPF at