T. Nandakumar Singh, J.

1. The unsuccessful writ Petitioner is the Appellant in the present writ appeal against the judgment and order of the learned Single Judge dated 15.4.2004 dismissing the writ petition being WP(C) No. 999/2001 filed by the Appellant-writ Petitioner assailing the order of the Superintendent of Police, Churachandpur District, Government of Manipur, Imphal, Manipur dated 17.1.2001 dismissing the Appellant-writ Petitioner from service and also the order of the appellate authority, i.e., Deputy Inspector General of Police (Range-Ill) dated 26.5.2001 dismissing the appeal filed by the Appellant-writ Petitioner against the dismissal order dated 17.1.2001.

2. Heard Mr. B.P. Sahu, learned Counsel assisted by Mr. Kh. Tarunkumar, for the Appellant/writ Petitioner and Md. Jalaluddin, learned Government Advocate appearing for the Respondents.

3. The precise facts which would suffice for deciding the present writ appeal are that, while the Appellant-writ Petitioner was serving as H.C. (Head Constable) was posted at Churachandpur Police Station in the year 1998. In the month of January 1998 some arms and ammunitions kept inside Malkhana/Arms Kote were stolen and the said fact of stealing of arms and ammunitions was known to the Appellant-writ Petitioner when he opened the lock of the Arms Kote on 17.1.1998 for issuing arms and ammunitions to the police personnel for their duties. Soon after knowing the said fact of stealing of the arms and ammunitions from the Malkhana/Arms Kote, the Appellant-writ Petitioner lodged a report to the Officer in-Charge, Churachandpur Police Station and registered as FIR No. 35(1)/98 under Section 457 / 380, IPC by the Churachandpur Police Station. The Deputy Inspector General of Police also visited the place of incident.

4. After about 3 years of the occurrence of the said incident, the Superintendent of Police, Churachandpur District, Government of Manipur issued an order on 13.6.2000 for placing the Appellant-writ Petitioner under suspension with immediate effect in contemplation of a Departmental Enquiry. The Superintendent of Police, Churachandpur District, Government of Manipur issued an Office Memorandum dated 21.6.2000 framing 2 articles of charges for holding departmental enquiry against the Appellant-writ Petitioner. Under the said office memorandum dated 21.6.2000 the Appellant-writ Petitioner had been asked to submit his written statement of defence not later than 5.7.2000. The 2 articles of charges are that the article No. 1 while the Appellant-writ Petitioner was posted at Churachandpur Police Station as Head Constable in the period 1997 to 1998, holding the keys of the Malkhana-cum-Arms Kote of Police Station under Inspector N. Mangi Singh, Officer in-Charge, had conspired with Inspector N. Mangi Singh (OC), S.I. N. Subolchandra Singh and Constable No. 2981 L. Ingocha Singh during their posting at Churachandpur Police Station for disposal of Government properties and seized exhibits of FIR cases kept in the Malkhana-cum-Kote and in furtherance of the conspiracy, he had caused loss of the following Government properties:

(i) One 303 MK-IV Rifle B/No. 500-0366 with magazine (defective).

(ii) One 303 MK-IV Rifle, B/No. BD/15636 (defective) Exhibits of FIR No. (i). One M-16-Assault Rifle, B/No. 19929 with magazine,

(iii) One Mag. Of G-3 Rifle

(iv) 112 rds. of M-16 Rifle

(v) 3 rds. Of G-3 Rifle

(vi) One torch light, one chain and T-Shirt and

Exhibits of FIR No. (i) One country made Carbine with magazine.

(ii) 9 rds of 9mm, (iii) 11 Cartridges of 12 bore, (iv) 6 improvised bombs, (v) one Bayonet, (vi) 5 Chargers of.303 Rifle, (vii) 4 Web belts for 12 bore Cartridge and Exhibit of FIR No. 48 (10)97 SGT PS

(i) One Pistol bearing star mark and letter

"CCCP" on the body (Russian made) with magazine Having 13 rds., one belt and one pistol cover (placed on the wooden rack)

5. Article 2 is that during the aforesaid period and while functioning as aforesaid, the Appellant-writ Petitioner with th