JIWACHH PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, a member of the Central Reserve Police Force ('the Force', hereafter) was removed from service by an order dtd. 23/9/2015 of the Deputy Inspector General of Police ('the DIG', hereafter) following an inquiry. The order of removal specifically mentioned that the appellant could avail the remedy of appeal, within thirty days from date of receipt of the order, by presenting an appeal before the Inspector General of Police ('the IG of Police', hereafter). Incidentally, the appellant was charged with embezzlement of 40 pieces of ground sheets from the Government store and was found guilty by the Enquiry Officer with whose report the DIG concurred.

(3.) Instead of availing the appellate remedy available under the second proviso to clause (c) of rule 29 of the Central Reserve Police Force Rules ('the Rules', hereafter), the appellant invoked the writ jurisdiction of the High Court. A learned Judge dismissed the writ petition on 11/4/2018. A writ appeal carried from such order of dismissal met the same fate vide the judgment and order dtd. 15/5/2019 of an Hon'ble Division Bench, which has been impugned in this appeal.