Maibam B.K. Singh, J.

1. Heard Mr. Kh. Tarunkumar Singh, Learned Counsel appearing on behalf of the appellant and Mr. Th. Ibohal, learned Government Advocate appearing on behalf of the State respondents.

2. Uncontroverted facts leading to the filing of this appeal are as follows:

The appellant, who was serving as a havildar, and three riflemen of 9th Bn. MR were suspended vide order No. B2/2/99-9MR/1675, dated 27.11.1999 issued by the Commandant, 9th Bn. MR, Taphou, in contemplation of a departmental enquiry as against them. As per the memorandum, dated 11.12.1999, issued by the Commandant, 9th Bn. MR, Taphou, the enquiry was proposed to be held under Rule No. 66 of the Assam Police Manual in respect of the charge to the effect that the appellant and the said three riflemen of 9th Bn. MR. Taphou, committed grave misconduct and dereliction of duty on 4.11.1999 at Veisiichu (Chilao village side) at about noon by surrendering and not using their arms and ammunitions in a cowardly and irresponsible manner when they were confronted by some unknown UG elements thereby resulting to the loss of four 303 rifles and 200 rounds of 303 BDR ammunitions. The appellant submitted his written