1. This Letters Patent Appeal has been directed against a judgment of the writ court passed in SWP No. 518/95 on May 19. 1997 whereunder the inquiry proceedings initiated and Order No. D-IX-30/92-CRC dated 18-04-1995, passed against the respondent, have been set aside.

BRIEF FACTS:

2. Respondent worked as Assistant Commandant in C.R.P.F. In August, 1991, he was posted as Incharge Special Task Force (STF) in 98 Bn. of the organisation at Srinagar, on 19-08-1991, having been ambushed by militants, on Raj Bagh Link Road, Srinagar, he alongwith his three member raiding party, broke open the house of one Smt. Naeema. While conducting the search of the house, respondent is alleged to have removed/caused to be removed, gold ornaments, cash and other valuables from the house. These items were later on recovered from an unused cistern of a toilet in one of the Rambagh™s barraks. Thus on his failure to maintain utmost integrity and exercise proper command and control, disciplinary action against the respondent was initiated in terms of Rule 3(1) under heads (I), (II) and (III) of the CCS (conduct) Rules of 1964, thereinafter referred to as the Rules). The investigating officer found tha