SHRI. ROSHAN THAKURI, S/O SHRI BALARAM THAKURI R/O UPPER MAWPREM, SHILLONG EAST KHASI HILLS DISTRICT, MEGHALAYA Vs. THE UNION OF INDIA, THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Mr. KC Gautam as well as learned CGC, Mr. R.Deb Nath. The petitioner's case in a nutshell is that:

(2.) Learned counsel for the petitioner submits that the petitioner had filed a statutory appeal sometime in 2011 before the concerned authority and the same was disposed but the order was not communicated to the petitioner. As a result, the petitioner could not make any revision petition before the appropriate authority or court. He also drew the attention of this Court to para 3a of the affidavit dated 23-11-2016. The same is reproduced herein below:

(3.) On perusal of the said para, it appears that the petitioner's statutory appeal was rejected and observed by the respondent that the petitioner had not exhausted the alternative departmental statutory remedy available to the writ petitioner under section 9(2A) of CISF Act 1968 and as per rule 54 of CISF Rules 2011 by way of revision. In the case of Sh. Khiali Ram Vs. Union of India and others passed in CWP NO. 3080 of 2009 dated 27-05-2016 and ultimately came to the conclusion that; "Accordingly, the present petition is permitted to be withdrawn with liberty granted to the petitioner to avail alternative remedy available to him under the provisions of the Central Industrial Security Force Act, 1968 and is further directed that in any case such revision etc. is filed by the petitioner within a period of eight weeks from today, the concerned authority shall adjudicate the same on merits without entering into the question of limitation etc. "