P. THYAGARAJAN Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned Sr. Advocate assisted by Ms. A. Barua, learned Advocate appearing on behalf of the petitioner and also Mrs. R. Bora, learned CGSC for all the respondents.

(2.) By this writ petition, the petitioner is assailing the impugned massage/order dated 8-5-1999 issued by the respondent No. 2 (The Inspector General of Police, CRPF, NES, Shillong) on the ground that the respondent No. 2 cannot issue the same in exercise of the powers under Rule 29 (d) of the Central Reserve Police Force Rules, 1955 (for short "CRPF Rules 1955") for the simple reason that the award of punishment to the petitioner is the condition precedent for ex ercising the powers under Rule 29 (d) of the CRPF Rules 1955. Rule 29 (d) of the CRPF Rules, 1955 is quoted hereunder:

(3.) This case has a very chequered history inasmuch as the parties have been in the legal battles since 1991, but the fact of the case is simple.