MAHENDRA SINGH CHAUHAN Vs. STATE OF M.P

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona Virus (COVID-19) and considering the advisories issued by the government of India, this petition has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

(2.) The present petition has been filed seeking the following reliefs:-

(3.) It is submitted by the counsel for the petitioner that the appeal filed by the petitioner is pending consideration before the respondents/authorities and in terms of the Rule 220.1 of the Railway Protection Force 1987 the appellate authority is expected to decide the appeal within a reasonable period of three months. The appeal was filed on 18.04.2019 but till date the same has not been decided by the authorities. He makes a reasonable prayer before this Court that the appellate authority be directed to consider and decide the appeal within the stipulated time frame in terms of the Rules of Railway Protection Force 1987. Counsel for the petitioner has drawn attention of this Court to order dated 14.02.2020 which is an order passed by the Central Administrative Tribunal wherein the petition filed before the CAT has been rejected as not maintainable. It is submitted that petitioner has no remedy except to file present petition before this Court. The aforesaid Rule of the Railway Protection Force 1987 reads as under:-