JUDGMENT :

Mitali Thakuria, J.

Heard Mr. A.K. Singh, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Government Advocate for the State respondents.

2. This is an application under Article 226 of the Constitution of India praying for a writ in the nature of certiorari or mandamus or any other appropriate writ, directing the respondents to accord proportionate and commensurating punishment to the petitioner apart from major penalty.

3. This writ petition has been filed challenging the Departmental Enquiry Proceeding and punishment Order No. DE-020/2NDBN/RNG/07, dated 14.11.2008, issued by the Commandant, 2nd AAP BN BHQ, Aalo, whereby the petitioner has been imposed with the penalty of reduction of lower stage in the same time scale of pay with cumulative effect permanently, i.e. Rs.3,500/-, and the period of suspension w.e.f. 12.11.2007 to 27.03.2008 treated not spent in duty.

4. The case of the petitioner, in brief, is that the petitioner along with 5 (five) numbers of police personnel, i.e. the Guard Commander, IInd Guard Commander and 3 (three) Constables, were detailed to guard Judicial Custody, Roing. He was detailed for round o’clock duty for guarding the UTP’s at