Prem Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4255 of 2023 ====================================================== Prem Kumar Son of Suresh Kumar Resident of Village- Nawadera, PostPurana Bhojpur, Ward No. 18, Police Station- Naya Bhojpur O.P. (Dumraon), District- Buxar (Bihar).

... ... Petitioner/s

Versus

1.

The Union of India through Inspector General-cum-Principal Chief Security Commissioner, RPF, East Central Railway, Hajipur. 2.

The Senior Divisional Security Commissioner, RPF, East Central Railway, Danapur.

3.

The Divisional Security Commissioner, RPF, East Central Railway, Danapur.

4.

The Assistant Divisional Security Commissioner, RPF, East Central Railway, Danapur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam, Adv For the Respondent/s :

Dr. K.N. Singh, ASG Mr. Manoj Kumar Singh, CGC Mr. Amarjeet, JC to ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-09-2023 1.

The petitioner, who was constable in the respondent-force, was dismissed on 27-3-2022 by the order of Senior Divisional Security Commissioner (Respondent No. 2). He has preferred an appeal against the said order before respondent No. 1.

2.

It is submitted by the learned counsel for the petitioner that the findings, based on which the dismissal has been awarded to the petitioner, are unsustainable on various grounds. Petitioner has raised the issue by way of appeal before

Patna High Court CWJC No.4255 of 2023(2) dt.04-09-2023 2/2 the authorities. Copy of the appeal is annexure-4 to the writ petition.

3.

It appears that the same has been submitted through e-mail, registered post, and also physically. The three modes of service are in between September to November, 2022. 4.

The same however has not been disposed of till date, as per submission of the learned counsel for the petitioner. 5.

The learned CGC has appeared. He submits that since the petitioner has availed the remedy of the appeal, the authority would ensure that orders are passed on the appeal in accordance with the prescribed procedure, expeditiously. 6.

The rival submissions leave no issue to be considered in the instant proceedings for which the application needs to be kept pending.

7.

This Court would therefore direct the respondent No. 1 to dispose of the petitioner's appeal as per prescribed procedure, in accordance with law, within eight (8) weeks from the date of receipt/production of a copy of this order. 8.

Writ application is disposed of.

(Madhuresh Prasad, J) SUMIT/- U