Allowed

Rahish Kumar v. The Union Of India and Ors.

Patna HC8 Apr 2013CWJC/5651/2013

Case brief

AI extract

What is this about?

The High Court held that the impugned removal order was appealable and revisable under the CRPF Act and Rules. Consequently, the writ petition was allowed to be withdrawn with liberty to avail the alternative remedy, with specific directions regarding tolling limitation and disposal of the appeal.

What did the court decide?

The writ petition permitted to be withdrawn with liberty to avail alternative remedy of appeal and revision. Liberty granted for condonation of delay if time-barred.

Rahish Kumar Vs The Union Of India and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5651 of 2013

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======================================================

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Rahish Kumar son of Sri Krishnandan Prasad, resident of village- Balaitha, P.S. Masaurhi, District-Patna.

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.... .... Petitioner/s

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Versus

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The Union Of India through the Secretary, Home Affairs, Government of India, New Delhi.

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The Director General of Police, Central Reserved Police Force, New Delhi.

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The Inspector General of Police, Manipur and Nagaland Sector, CRPF, Manipur/Patna/Bihar.

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The Deputy Inspector General of Police, Group Kendra, Central Reserve Police Force, Sindri, Dhanbad (Jharkhand).

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The Deputy Inspector General of Police, Range Head Quarter, Central Reserve Police Force, Imphal/ Muzaffarpur.

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The Commandant-87 Battalion, Central Reserve Police Force, STC Campus, Upathal, Giribam, Manipur.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Alok Kumar Sinha-1, with

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Mr. Bhola Kumar, Advocates.

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For the Respondent/s : Mr. N.A. Shamsi, Asstt. Solicitor General, Mr. Ranjeet Kumar, CGC

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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2 08-04-2013 Heard the parties.

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By the impugned order dated 10.09.2012 (Annexure-3) passed by the respondent No.6 on the basis of findings recorded in a disciplinary proceeding, punishment of removal from service has been inflicted upon the petitioner under the provisions of The Central Reserve Police Force Act, 1949 ( in short Act) read with The Central Reserve Police Force Rules , 1955 (in short Rules).

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Learned counsel for the petitioner submits that the impugned order has been passed ex parte and, therefore, it is fit to be set aside on that ground alone. However, after having heard the parties this Court finds that the impugned order of punishment is appealable as also revisable under the provisions of the aforesaid

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Patna High Court CWJC No.5651 of 2013 (2) dt.08-04-2013

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2/2

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Rules.

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In view of the availability of the alternative forum of appeal and revision, the present writ petition is permitted to be withdrawn at this stage with a liberty to the petitioner to avail of the alternative remedy of appeal and revision available to him under the provisions of the Act and Rules. He shall be at liberty to raise all the issues before the appellate/ revisional authority, which have been raised in the present proceeding.

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If such an appeal is filed within a period of three weeks from today and if it is found that the appeal has become time barred, then the appellate authority shall take into consideration that on a bonafide legal advice, the petitioner filed the present writ petition before this Court on 14.03.2013 and it remained pending before this Court till date, and, thereafter, he shall consider the prayer of the petitioner for condonation of delay sympathetically.

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If the delay is condoned by the appellate authority, the appeal of the petitioner shall be heard on merit without being prejudiced by the present order passed by this Court, whereby this Court has declined to entertain the present writ petition at this stage on the ground of availability of an alternative remedy of appeal and revision under the provisions of the Rules. The appellate authority shall make all endeavours to dispose of the appeal of the petitioner, if filed, at an early date preferably within a maximum period of six months from the date of the filing of the appeal by the petitioner.

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(Birendra Prasad Verma, J)

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BTiwary/-

Rahish Kumar v. The Union Of India and Ors.

Case brief

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Rahish Kumar v. The Union Of India and Ors.

Case brief

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