DEEP KUMAR BERI Vs. UOI AND ORS

JUDGEMENT

(1.) This writ petition has been filed laying a challenge to the order dated 11 th February, 2010 passed by the BSF whereby the writ petitioner was compulsorily retired from service after a disciplinary inquiry under Rule 17 of the BSF Rules, 1969.

(2.) Our attention has been drawn to Rule 28A of BSF Rules, 1969 which provides a remedy of statutory petition to the Central Government to an officer who considers himself aggrieved by an order of termination of his service. The present writ petition filed on 1 st June, 2010 was without availing the said remedy by the writ petitioner. In view of the availability of this alternative efficacious remedy, we are not inclined to entertain this writ petition.

(3.) The petitioner has made a grievance that in view of the pendency of the writ petition, statutory remedy may be barred by limitation. Appropriate directions in this behalf can be made so that the petitioner is not prejudiced on the ground of the pendency of this matter.