BRIJESH KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Sri Krishnaji Khare, learned counsel for the petitioner and Sri Shashi Kant Upadhyay, learned counsel appearing for the contesting respondents.

(2.) This writ petition has come to be placed for final disposal pursuant to an order of remand made by a Division Bench of the Court while disposing of Special Appeal Defective No. 71 of 2016. It appears that the writ petition initially came to be allowed by a learned Single Judge proceeding on the premise that a minor penalty had come to be imposed upon the petitioner and during the subsistence thereof enquiry proceedings were taken afresh and a major penalty inflicted upon him. The Division Bench while disposing of the special appeal noted the specific contention of the respondents that the initial order inflicting minor punishment of thirty days confinement had been reviewed by the Inspector General of Police IGP C/S, Central Reserve Police Force CRPF Lucknow by exercising powers conferred by Rule 29(d) of the Central Reserve Police Force Rules, 1955 1955 Rules. By his order dated 8 Sept. 1998, the IGP had disagreed with the imposition of minor penalty and had observed that appropriate proceedings should be initiated against the petitioner and stern disciplinary action be taken. In this view of the matter, the Division Bench found that the premise on which the learned Single Judge had proceeded was factually incorrect and consequently set aside the judgment with the following operative directions:

(3.) It is in this light that the matter stood remitted back to the board of the Single Judge. Post remand, the petitioner has chosen to amend the writ petition and has added various paragraphs in the writ petition and has also amended the relief clause by raising a challenge to the orders dated 8 Sept. 1998 and 9 Sept. 1998 seeking a declaration that these orders be declared as null and void. The respondents were granted and have availed the opportunity of filing a counter affidavit to the said amendment application. Pleadings having since been completed, the writ petition was taken up for final disposal.