(1.) Heard learned counsel for the parties through V.C.
(2.) The instant writ application has been preferred by the petitioner praying for quashing and setting aside the order passed by the disciplinary authority in Departmental Proceeding No. 39 of 2005 as contained in Memo No. 1902 dtd. 23/4/2008, whereby the petitioner was awarded punishment of dismissal from service and also for quashing the appellate order dtd. 18/6/2009, whereby the appeal of the petitioner was dismissed and the order of punishment was sustained.
(3.) The fact reveals that while the petitioner was posted in the Manoharpur Police Station as a Reserve Guard, a Manoharpur P.S. Case No. 9 of 2005 was instituted against this petitioner and also against one Shankar Prasad Singh. On the same allegations, a departmental proceeding was also initiated against this petitioner and Shankar Prasad Singh and finally the order of dismissal was passed against both the delinquent employees.