Ranjan Gogoi, J.

1. The writ petitioner Shri Bidhyut Buragonhain is a member of the Assam Police Service and is presently holding the rank of Additional Superintendent of Police, A show cause notice dated 8.10.2001 was issued against the writ petitioner under the provisions of Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964, hereinafter referred to as the Rules, read with Article 311 of the Constitution of India levelling the following two charges:

1. That while you were posted as Additional Superintendent of, Police (s), Lakhimpur on 5.7.2001, the Army apprehended one Shri Gojen Bhuyan @ Joon Kalita an ULFA Militant alongwith arms and ammunitions from the barrack attached to your official residence as you had given him shelter without informing your superior officers. Reportedly, the said Gojen Bhuyan had been staying with you for the last 7 (seven) months during your present tenure at North Lakhimpur and previous tenure of Nalbari. You had failed to produce the militant either before your superior officer in time or to any other authority for appropriate action. Your above act amounts to harbouring of criminal and is also detrimental to the security of the