D. Biswas, J.

1. The Appellant joined the services of Bongaigaon Refinery Limited in the year 1979 and, in course of time, in the year 1996 was promoted to the post of Deputy General Manager (POL-Marketing). A departmental proceeding was initiated against him which led to imposition of the penalty of reduction in rank under Rule 30(b)(i) of the Bongaigaon Refinery and Petrochemicals Employees (Conduct, Discipline and Appeal) Rules, 1983, for short "the Rules". The Appellant challenged the action of the disciplinary authority in Writ Petition (C) No. 6354/2002. The writ petition was dismissed by the judgment dated January 27, 2005. Aggrieved thereby, he has approached this Court controverting the legality and propriety of the judgment on various grounds set-forth in the Memo of Appeal.

2. We have heard Mr. N. Dutta, learned senior Counsel assisted by Mr. S.K. Sarma, learned Counsel for the Appellant and also Mr. K.N. Choudhury, learned senior Counsel assisted by Mr. I. Choudhury, learned Counsel for the Respondents No. 1 and 2.

3. Let us at this stage clear the facts. The Appellant joined the services under the Respondent authority in the year 1979 and eventually rose to the po