Vikramaditya Prasad, J.

1. The petitioner has filed this writ for quashing the order contained in Annexure-5, whereby and whereunder he was dismissed from service.

2. The petitioner, as per his case, was a J.E. and was posted in Jalpath Pramandal, Khunti when on 26.6.1988 was called by the Chief Engineer at Ranchi. He went there and there he had to stay. One choukidar (Night Guard) employed two guard the Godown at Khunti beside Sri S.N. Singh A.E. was the over all incharge of the said godown. According to the petitioner in his short absence a theft occurred in the Godown on 26.6.1988 after coming back he lodged an FIR but in that case the police submitted final form the petitioner then moved the Chief Judicial Magistrate not to accept final form, the Magistrate did not allow his prayer, then he filed a Revision against the order of C.J.M., which was allowed by the Sessions Judge. The J.M. thereafter found that the case was true (Annexure-2). The petitioner was departmentally proceeded on following charge :

Charge No. 1

APKEY DWARA DI SUCHNA KE ANUSAR DINANK 26.6.1988 KE RATRI MEN AGYAT CHOR DWARA KAKARIA GODAM KE PRANGAN JO SICHAI VIBHAG JALPATH PRAMANDAL KHUNTI KE ADHIN HAI CH