IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13879 of 2006 SANJAY KUMAR Versus THE UNION OF INDIA & ORS ----------- 4 11.09.2008 Heard learned counsel for the petitioner and learned counsel for the Union of India. Vide order dated 30.03.2006 contained in Annexure - 2 Commandant Officer-cum- Chief Judicial Magistrate, has imposed punishment of 15 days of imprisonment for the alleged offence committed by the petitioner. Consequent to this punishment order and conviction of the petitioner, the order of removal from service came to be passed which is Annexure – 3 and is dated 30th March, 2006. Petitioner has approached this Court challenging the order of removal as well as the order of rejection of appeal contained in Annexure – 4. The Court is of the opinion that the present writ application is misplaced on its present form and content. Unless the petitioner assails the order of conviction, no illegality can be found with the order of removal passed by the disciplinary authority or appellate authority in exercise of power under section 12 of the C.R.P.F. Act. The petitioner will first have to challenge the order of punishment contained in Annexure – 2 before a Criminal Court of competent jurisdiction and only then the validity of subsequent order of removal can be tested. The writ application of the petitioner is permitted to be - 2 - withdrawn with a liberty to do the needful in this regard by challenging Annexure – 2. If the petitioner moves the Court of competent jurisdiction, the Court may consider condoning the delay in view of the fact that he has been pursuing the relief and remedy both before the appellate authority as well as this High Court. Rajeev/ (Ajay Kumar Tripathi, J.)