S.J. Mukhopadhaya, A.C.J.

1. This appeal has been preferred by the appellant Commandant, CISF, Unit HEC Dhurwa, Ranchi, against the judgment and order dated 23rd August, 2003, passed by the carried single Judge In CWJC No. 2286 of 1998(R), whereby and whereunder, the order of dismissal from service, passed against the 1st respondent-writ petitioner (Deep Singh) as affirmed by the appellate and revisional authorities, has been set aside with a direction to the appellant to reinstate the 1st respondent in service.

2. The brief facts of the case are that the 1st respondent while serving as Constable at CISF. Unit HEC, Ranchi, was proceeded against departmentally under Rule 34 of the CISF, Rules. 1969 by the disciplinary authority vide Charge Memorandum No. V-15014/HEC/Adm-III/Maj-25/94-1307 dated 17th November, 1994 on account of the following charges :

"Gross misconduct, indiscipline and carelessness on duty in that while he was detailed for C shift duty from 2100 hrs. on 31.10.1994 to 0500 hrs. on 1.11.1994 at CTI Hostel duty post of HMTP plant with Arm and Ammunition was found sleeping on the floor of his duty post at 2300 hrs. on 31.10.1994 when checked by general night check