ORDER :

Shri S.K. Dash, Administrative Member:- The Original Application (OA) has been filed by the applicant praying to quash the order of punishment of dismissal dated 31.3.2010 as at Annexure-6 and order rejecting the appeal by the appellate authority dated 25.11.2010 as at Annexure-8 respectively. He further prayed to direct the respondents to reinstate him with all financial and consequential benefits.

2. The case of the applicant is that he was appointed as a Constable in the year 1999. While continuing as such a departmental proceeding vide Cuttack District Proceeding No. 33 dt. 17.10.2004 was initiated against him along with others basing on the FIR in PS case No. 57 dt. 22.6.2-4/U/s 376(2)(g)/342/323/506/34 IPC and Section 3 SC/ST (PA) Act. It is submitted that the departmental proceeding and the charges in criminal proceeding are same. The enquiry officer submitted his report on 4.5.2007 at Annexure-3 holding the applicant guilty of the charges of misconduct, moral turpitude and involvement in criminal case, without taking into account the preliminary explanation of the applicant. After completion of the enquiry and before issuance of 2nd show cause notice, the applicant wa