Pawan Vijay Dhengale v. Union Of India Thr Secretary And Others

WP1728-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1728/2016 (PAWAN VIJAY DHENGALE VERSUS UNION OF INDIA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Kukday, counsel for the petitioner. Shri A.M. Joshi, counsel for the R-1 to 4.

CORAM : SMT.VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : APRIL 21 , 2016.

By this writ petition, the petitioner challenges the order dated 03.03.2015 terminating the services of the petitioner as a Constable in Central Industries Security Force (C.I.S.F.). Shri Joshi, the learned counsel for the respondents, states that the petitioner has an alternate remedy of filing an appeal against the order of termination under Rule 26 of the Central Industries Security Force Rules, 2001. It is stated that if the petitioner is aggrieved by the order of termination, he is entitled to approach the Inspector General, in an appeal.

By upholding the preliminary objection raised on behalf of the respondents, we decline to entertain the writ petition in view of the existence of an alternate remedy. The petitioner would be free to file an appropriate application before the Appellate Authority explaining the delay in view of the prosecution of the matter before the Central Administrative Tribunal and this Court. The writ petition is disposed of with no order as to costs. The points raised in this petition are kept open. JUDGE JUDGE APTE