IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12001 of 2009 Ravindra Kumar Paswan, son of Shri Budheshwar Paswan resident of Village Belmohan, P.O. Sudal Ratauli, P.S. Phulparas, District Madhubani Versus 1. The Union Of India, through the Ministry of Home Affairs. 2. I.G.P., NWS, C.R.P.F., Chandigarh (U.T.) 3. D.I.G.P., G.C., C.R.P.F., Jalandhar (Punjab) 4. D.I.G.P., Jalandhar Range, C.R.P.F., Jalandhar (Punjab) 5. The Commandant Recruitment Cell, A.T.C.C., Mokamaghat, CT/CD (Male), Bihar-2007 6. The Commandant-128 BN, C.R.P.F. Spun Silk Mill Jagi Road, District Morigaon (Assam) 7. Principal, R.T.C., C.R.P.F., Neemuch (M.P.) ----------- 02/ 11.09.2009 Heard learned counsel for the parties. 2. Petitioner, who was appointed as Constable in the 128 Battalion C.R.P.F., is aggrieved by the office order dated 18.4.2009, as contained in Annexure-6 to this application, whereunder his services as Constable has been terminated on the ground that after his appointment, it was discovered that petitioner is accused in Phulparas P.S.Case No. 108 of 2004 dated 24.7.2004 registered for the offence under Sections 144, 148, 323, 452, 379, 504, 427/34 of the Indian Penal Code in which charge sheet was submitted, bearing No. 127 of 2005 dated 15.12.2005 and the prosecution remained pending on the date of the order. 3. It is submitted on behalf of the petitioner that later under judgment dated 30.7.2009, Annexure-11, he has been acquitted in Phulparas P.S. Case No. 108 of 2004, appertaining to G.R. No. 517 of 2004, T.R. No. 3027 of 2009 and the authorities should reconsider the order dated 18.4.2009, 2 Annexure-6 terminating his services as Constable of 128 Battalion C.R.P.F. in the light of the provisions contained in Sub-rule (2) of Rule 5 of the Central Civil Services ( Temporary Service) Rules, 1965 (hereinafter referred to as the Rules). 4. Let the petitioner file appeal against the office order dated 18.4.2009, Annexure-6 requesting the appellate authority to reconsider the termination order in the light of the judgment dated 30.7.2009, Annexure-11 with reference to the powers contained in sub-rule (2) of Rule 5 of the Rules after condoning the delay in filing the appeal, provided the appeal along with a certified copy of this order is filed within one month from the date of receipt of the certified copy of this order and thereafter the appellate authority should dispose of the appeal within another two months. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)