Rahish Kumar v. The Union Of India
Case at a glance
Provisions considered
Judgment
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Sinha-1, with Mr. Bhola Kumar, Advocates. For the Respondent/s : Mr. N.A. Shamsi, Asstt. Solicitor General, Mr. Ranjeet Kumar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 08-04-2013 Heard the parties. 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). 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 Patna High Court CWJC No.5651 of 2013 (2) dt.08-04-2013 Rules. 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view of the availability of the alternative forum of appeal and revision, the present writ petition is permitted to be withdrawn at this stage with a liberty to the petitioner to avail of the alternative remedy of appeal and revision available to him under the provisions of the Act and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. 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.
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. (Birendra Prasad Verma, J) BTiwary/-
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