JUDGMENT :

Heard Mr. R. Sarma, learned counsel for the writ petitioner. Also heard Mr. .K. Dutta, learned CGC appearing for the respondents.

2. This writ petition is directed against the order of dismissal from service dated 31-08-2009 as well as the subsequent order dated 13-11-2009 of the appellate authority refusing to interfere with the order of dismissal.

3. The facts of the case, in a nutshell, are that the writ petitioner herein had joined as Constable (GD) under the Central Reserve Police Force (CRPF) on 28-02-2003. After successful completion of training, the petitioner was placed in the 35 Bn. of the CRPF. In the year 2009, the Ministry of Home Affairs had raised 204 Cobra Bn. of CRPF for being deployed against the terrorists and nexalites. Petitioner’s name was proposed for the said Battalion and accordingly, his services were placed under the Cobra Battalion. While the petitioner was posted at Shivpur in the state of Madhya Pradesh, on 23-08-2009, he had gone to the market, along with 200 other personnel of the camp. It appears that in the evening, there was a check roll call in the camp and the second in command, i.e. 2 I/C Sri A.K. Bharti had alleged that the petitioner