MUKESH KUMAR Vs. UOI

JUDGEMENT

(1.) Aggrieved by an order of dismissal from service on account of misconduct, the petitioner appears to have preferred an appeal before the DIG, CRPF, who dismissed the same by an order dated 16th November, 2004 The petitioner has now challenged the said order as also the order passed by the Commandant in the present writ petition.

(2.) On behalf of the respondent, a preliminary objection to the maintainability of the petition was raised by Mr. Sachin Dutta who submitted that the order passed by the Appellate Authority could be challenged by the petitioner before the Revisional Authority in terms of Rule 29 of the CRPF Rules. The petitioner has not, however, exhausted the said remedy even when the same was an equally efficacious remedy, according to learned counsel. He further submitted that the petitioner can even now be permitted to avail of the said remedy by filing a Revision Petition in which event the writ petition can be disposed of with appropriate directions to the Revisional Authority to consider and dispose of the Revision Petition expeditiously as if the Revision Petition had been filed within the time prescribed for the same.

(3.) Learned counsel for the petitioner has no difficulty in case the petition is disposed of with an appropriate direction to the Revisional Authority to dispose of the revision petition which the petitioner could file within such time as this Court may fix for that purpose. He submitted that the petitioner could be given liberty to file a fresh petition after the disposal of the Revision Petition.