IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10887 of 2010 KAMLESHWAR GIRI, SON OF SRI RAJESHWAR GIRI, RESIDENT OF VILLAGE- BATWANIA, P.S.- EKMA, DISTRICT- SARAN, BIHAR. Versus 1. THE UNION OF INDIA THROUGH THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR, DISTRICT- HAJIPUR. 2. GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR, DISTRICT- HAJIPUR. 3. THE DIRECTOR GENERAL, R.P.F., RAIL BHAWAN, RAILWAY BOARD, NEW DELHI. 4. THE CHIEF SECURITY COMMISSIONER, R.P.F. EASTERN RAILWAYS, KOLKATA. 5. THE DIVISIONAL CHIEF SECURITY COMMISSIONER, R.P.F. EASTERN RAILWAYS, SONEPUR. 6. THE DIVISIONAL SECURITY COMMISSIONER, R.P.F. EASTERN RAILWAYS, DHANBAD. 7. ASSISTANT SECURITY COMMISSIONER, R.P.F. EASTERN RAILWAYS, DHANBAD. ----------- For the petitioner : Mr. Y.V.Giri, Senior Advocate. -with- M/S Vikas Ratan Bharti, Sanjeev Kumar & Pranav Kumar, Advocates. For the Respondent : Mr. Hemendra Prasad Singh, Advocate. ======== 2. 15.07.2010. Heard learned counsel for the parties. 2. Petitioner is aggrieved by the order dated 28.5.2010 passed by the Senior Divisional Security Commissioner, Railway Protection Force, Sonepur, Annexure-6, whereunder he has been dismissed from service in the light of his conviction recorded under judgment and sentence dated 9th February, 2000, Annexure-1. 3. It is submitted on behalf of the petitioner that after the judgment dated 9th February, 2000, Annexure-1 was pronounced he was taken in custody and placed under suspension under order dated 09.03.2000, Annexure-3. After petitioner was admitted to the privilege of bail under orders dated 1.3.2000 passed in Cr. Appeal No. 78 of 2000, Annexure-2 his suspension was vacated under order dated 31.7.2001, Annexure-5 and he was reinstated in service. By passing the present order after more than nine years of the conviction petitioner has been dismissed from service although his appeal is still - 2 - pending and he is on bail. It is submitted that the situation which prevailed during the preceding nine years still exists today but ignoring such fact the impugned dismissal order has been passed. Highlighting the aforesaid illegality petitioner has filed appeal before the Director General, Railway Protection Force, Respondent No. 3 which is dated 3.6.2010 and is contained in Annexure-7 to this application. 4. Having heard counsel for the petitioner and the counsel for the Railways, I direct the Director General, Railway Protection Force, Respondent No. 3 to consider and dispose of the appeal of the petitioner filed against the dismissal order in accordance with law as early as possible, in any case within a period of two months from the date of receipt of this order taking into account the fact that during the pendency of the appeal for about nine years the dismissal order was not passed. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)