High Court Of ChhattisgarhWPS/538/2019disposed off

Sanjay Kujur v. Union Of India

2019-01-25Hon'Ble Shri Justice P. Sam Koshy4 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 538 of 2019 Sanjay Kujur S/o Lalu Kujur, Aged About 27 Years Cast - Oraon, Rank - Ct/gd, Personal No. 135322369 Of Central Reserve Police Force (Crpf), Resident Of Village Janwine, Post - Ankira, Police Station - Tumla, Jashpur, District Jashpur, Chhattisgarh. Pin - 469245.

---- Petitioner

Versus

1. Union Of India, Through Its Secretary, Department Of Central Reserve Police Force, Old Secretariat, P.O. Civil Line, Delhi.

2. Deputy Inspector General Of Police Central Reserve Police Force, Raipur, District Raipur, Chhattisgarh. Pin - 492001.

3. Upper Police Deputy Inspecto General Of Police Group Center Central Reserve Police Force, Bilaspur, District Bilaspur, Chhattisgarh. Pin - 495001.

4. Assistant Commandant (Enquiry Officer) Group Center Central Reserve Police Force, Bilaspur, District Bilaspur, Chhattisgarh. Pin - 495001.,

5. Assistant Commandant (Enquiry Officer) Group Center Central Reserve Police Force, Range Head, Quarter, Amarigaong, Guwahati, District Kamroop, Assam Pin - 781023.

6. Police Superintendent Northeastern Sector, Central Reserve Police Force, Stony Heaven, Bishop Cotton Road, Shillong (Meghalaya). Pin - 793001.

----Respondents For Petitioner :

Mr. D.R. Minj, Advocate For State :

Ms. Sunita Jain, G.A.

For respective Respondents :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 25/01/2019

1. The challenge in the present writ petition to the order of punishment dated 14/08/17 ( Annexure P-5) and the rejection of the departmental appeal (Annexure P-2) dated 16/03/18.

2. The perusal of the record shows that the appeal has been decided by the D.I.G, C.R.P.F. and against the said order of rejection of appeal,

the petitioner has a statutory remedy of revision before the I.G., C.R.P.F. under Rule 29 of the C.R.P.F. Rules,1955.

3. It appears that the petitioner has not availed the second remedy of appeal against the order passed in the first appeal.

4. Given the said facts, as there is a statutory alternative remedy available to the petitioner, this Court is not inclined to entertain this writ petition at this juncture. Reserving the right of the petitioner to prefer a revision before the I.G. under Rule 29, the present writ petition stands disposed off.

5. In the event if the petitioner prefers a revision before the authority concerned within a period of 3 weeks from today, the revisional authority ignoring the aspect of limitation considering the gravity of the punishment imposed, shall consider the revision petition on its merits.

6. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Harneet

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 142 of 2019 Sanjeev Kujur (wrongly named as Sanjay in order impugned) S/o Lalu Kujur, Aged About 27 Years Caste Oraon Rank CT/GD Personal No. 135322369 Of Central Reserve Police Force (CRPF) R/o Village Janwine Post Ankira Police Station Tumla Jashpur District Jashpur Chhattisgarh Pin 469245 ---- Applicant

Versus

1. Union Of India Through Its Secretary Department Of Center Reserve Police Force Old Secretariat Post Office Civil Line Delhi

2. Deputy Inspector General Of Police Central Reserve Police Force Raipur District Raipur Chhattisgarh Pin 492001

3. Upper Police Deputy Inspector General Of Police, Group Center Central Reserve Police Force Bilaspur District Bilaspur Chhattisgarh Pin 495001

4. Assistant Commandant (Enquiry Officer) Group Center Reserve Police Force Bilaspur District Bilaspur Chhattisgarh. Pin 495001

5. Assistant Commandant (Enquiry Officer) Group Center Reserve Police Force Range Head Quarter Amarigong Guwahati District Kamroop Assam Pin 781023

6. Police Superintendent Northeastern Sector Central Reserve Police Force Stony Heaven, Bishop Cotton Road Shillong (Meghalaya) Pin 793001 ---Respondents For Applicant :

Mr. D.R. Minj, Advocate For Respondent No.1 :

Mr. Raj Kumar Gupta, Advocate For State :

Mr. Rahul Mishra, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 15/02/2019

1. The present MCC has been filed seeking modification of the order passed by this Court on 25.01.2019, in WPS No. 538/2019.

2. The modification sought is to the extent that the name of the petitioner has been wrongly typed in the order. According to the petitioner, the name of the petitioner is "Sanjeev Kujur", whereas in

-2the order it has been reflected as "Sanjay Kujur". The said error appears to be on the part of the Court's staff, who has typed the order.

3. The said request for modification is not opposed by the respondents.

4. Accordingly, the present MCC stands allowed. The name of the petitioner shall be read as "Sanjeev Kujur" instead of "Sanjay Kujur".

5. Let a copy of this order be made part of the record of WPS No. 538/2019 decided on 25.01.2019.

Sd/- (P. Sam Koshy) Judge Ved