KRISHNA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Ved Prakash Singh, Advocate, holding brief of Sri Rakesh Pande, Advocate, for petitioner and Sri Arvind Kumar Goswami, Advocate, for respondents.

(2.) This writ petition under Article 226 of Constitution has been filed by sole petitioner, Krishna Kumar, working as Head Constable in Central Reserve Police Force (hereinafter referred to as "CRPF") assailing order dated 30.11.2004 passed by Commandant, 74 Battalion, CRPF, Varanasi (hereinafter referred to as "Disciplinary Authority") imposing punishment of dismissal and also forfeiting all medals/decoration, if any, awarded to him. It has also challenged order dated 12.05.2005 passed by Deputy Inspector General of Police, CRPF, Chandigarh (hereinafter referred to as "Appellate Authority") dismissing petitioner's appeal.

(3.) Earlier this writ petition was dismissed by learned Single Judge (Hon'ble Bharati Sapru, J.) vide order dated 26.03.2012 on the ground of lack of territorial jurisdiction relying on a Full Bench decision in Rajendra Kumar Mishra Vs. Union of India & Ors, 2005 5 AWC 4542 (FB), but petitioner preferred intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952"), i.e., Special Appeal (Def.) No. 576 of 2012 which was allowed vide judgment dated 04.12.2014 and the Division Bench setting aside order dated 26.03.2012, remanded the matter for deciding writ petition on merits.