JUDGMENT :

Sanjay Kumar Medhi, J.

1. A Disciplinary Proceeding initiated vide a Show Cause Notice dated 22.02.2012 which has culminated in an order of imposition of a major penalty of discharge is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India.

2. Before going to the issue which has arisen for determination, it would be convenient if the facts of the case are narrated in brief.

3. The petitioner was appointed as a Constable (Armed Branch) in the Assam police on 22.03.1993. It has also been brought to notice that in discharge of his duties, the petitioner had sustained injuries in a bomb blast at Bijni on 05.01.2000 and further in connection with his meritorious service, he was awarded the “Police Antrik Suruksha Seva Padak” in 2011.

4. On 30.11.2011, while the petitioner was posted at the Bongaigaon D.E.F., he was deputed to Guwahati for some official job and on reaching back Bongaigaon in the same evening, while part of the arms and ammunitions were deposited in the Office, the magazine and 40 ammunitions were retained by the petitioner. It is the case of the petitioner that in the same evening he suffered from sudden ailment and t