JUDGMENT AND ORDER :

1. Heard Mr. H.K. Das, the learned counsel representing the petitioner. The respondents are represented by the learned Central Govt. lawyer Mr. S.P. Choudhury.

2. The matter pertains to a disciplinary proceeding for alleged misconduct of the respondent during his posting as Camp Officer in Arunachal Pradesh from December, 1996 to April, 1997. In the charge memo, drawn up on 17.1.2001 (Annexure-1), under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as ‘the CCS Rules’), five charges were leveled and for the purpose of present discussion, it will suffice to extract the charges, under Article-I, IV and V, for ready reference:-

“Statement of Articles of charge framed against Shri U.N. Mishra, Superintending Surveyor, O.C. No. 5 Party (NEC), Survey of India, Shillong.

ARTICLE-I

That the said Shri U.N. Mishra, Superintending Surveyor while posted as Deputy Superintending Surveyor, No. 12 Party (NEC) was attached to No. 29 Party (NEC) and appointed as Camp Officer of Camp No. 1 during field season 1996—97.

While performing the duties of the Camp Officer in Arunachal Pradesh during the period December, 1996 to

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