Anima Hazarika, J.

Order No. PDB.380/2004/234 dated 11.10.2010 (vide Annexure-J) by which the departmental appellate authority rejected the petitioner's departmental appeal and upheld the impugned order of his removal from service vide order No. PDB 380/2004/176 dated 21.04.2010 (Annexure - H) has been put under challenge in the instant writ application under Article 226 of the Constitution of India.

2. Factual background in a nutshell is as follows;

While the petitioner was working as Junior Engineer under Mahamaya Development block in Dhubri district, Gauripur P.S. Case No. 161/2004 was registered under Sections 408/409/34 IPC on the basis of an FIR lodged by the then Deputy Director, Food and Civil Supplies, Dhubri on 25.08.2004, alleging, inter alia, that 175 quintals of rice was seized from a truck bearing No. AMN 685 in the National Highway No. 31 without having any documents and the petitioner was suspected to be involved in the alleged misappropriation. The case was investigated into by police. Since police could not collect sufficient evidence/materials against the petitioner, it ended in final report which was accepted by the learned Chief Judicial magistra