The Union Of India And ORS v. Nawal Kishore Choudhary
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.258 of 2016 In Civil Writ Jurisdiction Case No.20111 of 2014 ====================================================== Nawal Kishore Choudhary Son of Sri Bimal Choudhary, Resident of Village - Goaun Bhagwanpur, P.O. - Poudmoll, P.S. - Kurhani, District - Muzaffarpur ... ... Appellant/s
Versus
1. The Union of India through Director General, Central Reserve Police Force, New Delhi
2. Inspector General, Bihar Sector, Central Reserve Police Force, Patna-25, Bihar
3. Deputy Inspector General P, Group Centre, Central Reserve Police Force, Range HQR, Jhapha, Muzaffarpur, Bihar
4. Commandant, Group Centre, Central Reserve Police Force, Muzaffarpur
5. Enquiry Officer-cum-Assistant Commandant, Group Centre, Central Reserve Police Force, Muzaffarpur ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 1534 of 2016 In Civil Writ Jurisdiction Case No.20111 of 2014 ======================================================
1. The Union of India through Director General, Central Reserve Police Force, New Delhi.
2. Inspector General, Bihar Sector, Central Reserve Police Force, Patna-25, Bihar.
3. Deputy Inspector General P, Group Centre, Central Reserve Police Force, Range HQR, Jhapha, Muzaffarpur, Bihar.
4. Commandant, Group Centre, Central Reserve Police Force, Muzaffarpur.
5. Enquiry Officer-cum-Assistant Commandant, Group Centre, Central Reserve Police Force, Muzaffarpur.
... ... Appellant/s
Versus
Nawal Kishore Choudhary Son of Sri Bimal Choudhary, resident of Village - Goaun Bhagwanpur, P.O. - Poudmoll, P.S. - Kurhani, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
(In Letters Patent Appeal No. 258 of 2016) For the Appellant/s :
Mr. Rajni Kant Jha Advocate For the Respondent/s :
Mr. Anjani Kumar Sharan ASG Mr. Manoj Kumar Singh
Patna High Court LPA No.258 of 2016(11) dt.12-12-2017 2/3 CGC (In Letters Patent Appeal No. 1534 of 2016) For the Appellant/s :
Mr. Anjani Kumar Sharan ASG Mr. Manoj Kumar Singh CGC For the Respondent/s :
Mr. Rajani Kant Jha Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 12-12-2017 Heard learned counsel for the parties.
Since both the appeals have been heard together, they are required to be disposed off also together. During course of argument, counsel for the appellant in appeal, namely, L.P.A. No. 258 of 2016, who was the petitioner before the Learned Single Judge, sees the futility of carrying on the legal battle any further and adopts a more prudent approach that he is willing to accept the order of punishment of compulsory retirement passed against him by the disciplinary authority and upheld by the revisional authority.
If that be so, then the appeal of the Union of India is not required to be adjudicated upon now, because it remains academic.
Counsel for the appellant-Nawal Kishore Choudhary, submits that based on the order of compulsory retirement whatever entitlement to which the appellant is provided under
Patna High Court LPA No.258 of 2016(11) dt.12-12-2017 3/3 the Rules must be settled without further delay and harassment at the hands of the authorities of CRPF.
It goes without saying that since the status does not stand altered with regard to the order of punishment of compulsory retirement, his other dues should now be settled within a reasonable time-frame, preferably within a period of three months from the date of production / communication of a copy of this order.
Appeal stands disposed off, accordingly.
Before parting, it is made clear that the order of the Learned Single Judge will have no meaning now. (Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U