B.K. Sharma, J.

1. The Petitioner who has been dismissed from service pursuant to a departmental proceeding and confirmed by the departmental appellate authority, has assailed the legality and validity of the same by filing the instant writ petition.

2. The Petitioner while was serving as Head Constable was taken up for a departmental proceeding by issuing a memorandum of charge sheet on 08.08.95 issued under Rule 14 of the CCS(CCA) Rules, 1965. It was a common departmental proceeding in which apart from the Petitioner his superior and Commanding Officer, Inspector T. Takoh was also taken up for departmental proceeding. The memorandum of charge sheet was common to them. The respective charge levelled against the said Inspector and the Petitioner are quoted below:

Article of Charge Framed Against inspr. Taba Takoh and H/C A.R. Attal of 2ndt AAP Bn, Changlang

ARTICLE-I

INSPR. T. TAKOH

That Inspr. T. Takoh of 2nd AAP Bn. while functioning as Company Commander 'D' - Coy 2nd APP Bn. Changlang, failed to discharge his duties properly especially in dealing with money matter and as a result Rs.55,508/- (Rupees fifty thousand five hundred eight) remains to be deposited in the Hqrs. 1st Bn