K. Nobulu v. The Union Of India And 4 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24651 of 2019 ORDER :

Heard Sri D.L. Pandu, learned counsel for the petitioner and Sri Kalwala Sanjeev, learned Central Government Standing Counsel and with the consent of learned counsel for the respective parties, this writ petition is being disposed of at the admission stage.

This writ petition is filed seeking Mandamus directing respondent No.4 to set aside the final order No.V-15014/CISF/RGIA/L&R/Maj-05/KN/2019/9094, dated 10.10.2019 passed by respondent No.5, while allowing the appeal preferred by the petitioner on 23.10.2019 before respondent No.4 with all consequential benefits. It has been contended by the petitioner that he was appointed as a Police Constable in the year 1990 and after rendering considerable period of service, he was promoted as a Head Constable. While he was discharging his duties as Head Constable, respondent No.5 had initiated disciplinary proceedings against him on the alleged irregularity of possessing two Scanning Cards unauthorisedly and some other material and after conducting a detailed enquiry, imposed the

punishment of compulsory retirement from service vide order dt.10.10.2019. As against the said order dt.10.10.2019, the petitioner preferred an appeal before respondent No.4 on 23.10.2019 and so far no orders have been passed in the said appeal by respondent No.4.

Learned counsel for the petitioner submits that respondent No.4 be directed to consider the said appeal and pass appropriate orders in accordance with law within a reasonable time.

The learned Central Government Standing Counsel would submit that the appeal preferred by the petitioner will be considered and appropriate orders would be passed by respondent No.4 within a reasonable time.

This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing respondent No.4 - Appellate Authority to consider the appeal preferred by the petitioner on 23.10.2019 and pass appropriate orders in accordance with law as early as possible, preferably within a reasonable period of eight (8) weeks from the date of receipt of a copy of this order.

With the above observations, this writ petition is disposed of. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI 11.11.2019.

Msr

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24651 of 2019 11.11.2019 Msr