Vikas Kumar vs Crpf
2012 Latest Caselaw 3218 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                    Date of Decision: 14.05.2012

+                    W.P.(C) No.2869/2012

Vikas Kumar                                         ...   Petitioner

                                  versus

CRPF                                                ...   Respondent

Advocates who appeared in this case:

For the Petitioner : Mr.Lalit Kumar, Advocate
For Respondent : Mr.Jatan Singh, Central Govt. Standing Counsel for
                     the respondent.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

ANIL KUMAR, J.

*

The petitioner has challenged the order dated 23rd December,

2011 passed by the respondent terminating the services of the

petitioner forthwith under sub Rule 5 of Central Civil Service

(Temporary Service) Rules, 1965 with a stipulation that the petitioner

shall be entitled to claim a sum equivalent to the amount of his pay

plus allowances for the period of notice at the same rate at which he

was drawing them immediately before the termination of his service or

as the case may be, for the period by which such notice falls short of

one month and striking off the petitioner from the strength of the force

from 23rd December, 2011.

The petitioner had joined the CRPF on 6th March, 2011 and

underwent the training for eight weeks out of which he had completed

four weeks training whereafter he received the letter dated 23rd

December, 2011 terminating his services without assigning any reason.

The petitioner has contended that he had filed a representation

and his representation be treated as an appeal against his order of

dismissal dated 23rd December, 2011 but he has not received any reply

from the respondent till date.

The learned counsel for the respondent, Mr.Jatan Singh who

appears on advance notice states that the representation was filed by

the petitioner before a wrong authority. On instructions he has stated

that the representation of the petitioner shall be considered as an

appeal by the appropriate authority and shall now be disposed of by the

competent authority within four weeks.

In view of the statement made by the learned counsel for the

petitioner that the representation of the petitioner against his order of

removal dated 23rd December, 2011 shall be considered as an appeal

and shall be disposed of within four weeks, the learned counsel for the

petitioner on instructions seeks to withdraw the writ petition with

liberty to file an appropriate writ petition in case the appellate authority

rejects the representation/appeal of the petitioner or if any of the

grievances of the petitioner will remain unsatisfied.

Consequently the writ petition is dismissed as withdrawn with the

liberty as prayed for by the learned counsel for the petitioner. The

respondent is, however, also directed to send the copy of the decision on

the representation/appeal to the petitioner at the address of the

petitioner given in the representation/appeal within two weeks after the

disposal of the said representation/appeal. With these directions the

writ petition is disposed of.

Copy of this order be given dasti to the counsel for the parties.

ANIL KUMAR, J.

SUDERSHAN KUMAR MISRA, J.

MAY 14, 2012 'k'