Judgment

1. By this writ petition, the petitioner is assailing the order dated 04.07.2012 passed by the respondent No. 6 i.e. the Superintendent of Police, East Khasi Hills District, Shillong for dismissing the petitioner from service and also the order dated 14.05.2013 passed by the respondent No. 5 i.e. the Deputy Inspector General of Police (Eastern Range), Meghalaya, Shillong dismissing the appeal filed by the petitioner against the dismissal order dated 04.07.2012.

2. Heard Mr. AH Hazarika, learned counsel for the petitioner and Mr. S. Sen Gupta, learned GA appearing for the State respondents.

3. The concise fact leading to the filing of the present writ petition is noted. The petitioner was appointed as Constable vide order dated 01.11.2001 issued by the Superintendent of Police, East Khasi Hills District, Shillong (respondent No. 6). The respondent No. 6, Superintendent of Police, East Khasi Hills District, Shillong issued the show cause notice dated 25.11.2011 for the two charges viz. "(i) on 16.11.2011, at about 12:30 PM, S.I. K.P. Singh, I/C Cantonment B.H. seized a polythene bag lying abandoned at vegetable market, Bara Bazar containing one set of Police Uniform, one pouch, 2(two) Nos. Magazines of INSAS Rifle and 37(thirty seven) Rounds of 5.56 ammunition. Later on, it had been ascertained that the said ammunition, pouch and magazines of INSAS Rifle were issued to the petitioner from the Unit Armoury as noted in the record and (ii) it was also found that 3(three) Rounds of 5.56 ammunitions were also found missing from the lot issued to the petitioner" and asked the petitioner to submit his written statement/explanation within 15 days of receipt of the show cause notice as to why any of the penalties laid down in Rule 66 of the Part III of A.P. Manual should not be inflicted on the petitioner. Further, under the said show cause notice, the petitioner was allowed to inspect the documents which the petitioner would request in writing to the respondent No. 6 for the permission to inspect the documents within 10 days of receipt of the show cause notice. Further the petitioner was allowed to be heard in person, if he, seeks for such permission in writing.

4. In response to the said show cause notice, the petitioner filed his written statement/show cause statement dated 17.12.2011 to the respondent No. 6, Superintendent of Police, East Khasi Hills District, Shillong wherein, the petitioner apologized for what had occurred and also promised that he will not repeat the same in the near future. The show cause statement dated 17.12.2011 (Annexure-III to the writ petition) reads as follows:-

To,

The Superintendent of Police,

East Khasi Hills District, Meghalaya.

(Through proper Channel)

Sub: Written Explanation.

Ref: Your letter No. RE/GEN/PT-III/2011/911 dated: 25.11.2011

Sir,

With due humble and respect and in reference to the subject cited above, I have the honour to lay before you some few lines favour of your kind consideration and sympathetic order please:

1. That Sir presently I am attached to DSP Traffic as an orderly and performing my duty honestly and deligently.

2. That Sir, I am served with a Show Cause Notice as cited above with statement of allegations for gross negligence and dereliction of duty.

3. That Sir, as per the statement of allegation No. 1, that on 16.11.2011 at about 12:30 PM a polythene bag lying abandoned at vegetable market, Bara Bazar containing one set of Police Uniform, One Pouch, 2 Magazines of INSAS Rifle and 37 rounds of 5.56 ammunitions was found by S.I. K.P. Singh Cantonment B.H. was true and admitted the same. That the real facts of the case was that on that very day, I was proceeding to Police Reserve via/through Bara Bazar for joining my duty after recovering from sick rest along with my uniform and ammunitions kept on a polythene bag, but unfortunately the said bag was missing from my hand due to pushing from different directions/angles for overcrowding at Bara Bazar area.

4. Tha