THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No. 11097 OF 2009 ORDER: This writ petition has been instituted by a constable of the Central Reserve Police Force calling in question the legality and validity of the order dated 11.11.2008 passed by the 2nd respondent terminating the service of the petitioner without assigning any reasons and without following the procedure in terms of Rule 5 of the Central Civil Services (Temporary) Service Rules, 1965, as bad in law. A detailed counter affidavit has been filed in the matter and while bringing on record a reply affidavit filed, the petitioner has pointed out the factual aspects which deterred him from attending to duty. However, importantly, the petitioner claims that as many as 15 other constables like the petitioner were terminated on the same day viz., 11.11.2008 and when some of those constables approached the appellate authority i.e., the Inspector General, the Inspector General passed orders duly setting aside the orders of termination and ordered for reinstatement of such personnel. In proof of this averment, the petitioner has placed copies of the order bearing No. R.XIII.17/2009-CS-ADM-3, dated 21st August 2009 of the Inspector General. Therefore, the petitioner also seeks a similar treatment to be meted out to him. Learned Standing Counsel for the respondents would point out that it is open to the petitioner to prefer an appeal to the Inspector General duly enclosing copies of these orders and the Inspector General may be directed to consider the same on merits instead of rejecting it only on the basis that the said appeal has been filed belatedly. The submission of the learned Standing Counsel deserves to be accepted for more than one good reason. The superior officers of the Force will be better equipped to take decisions with regard to the deployment of personnel and for that purpose they will be keeping in mind the man power requirements etc., into consideration. The appellate authority will also be able to appreciate the fact situation more appropriately. Therefore, it is only appropriate that the writ petitioner shall be directed to lodge an appeal with the Inspector General concerned of the Force within 30 days from today duly enclosing thereto copies of the orders said to have been passed by him with regard to similarly placed constables whose services also came to be terminated like that of the petitioner on 11.11.2008. The appellate authority, I am sure will take all relevant factors into account and consideration including the orders passed by him on appeal preferred by several other similarly placed constables like the petitioner. The appropriate orders may be passed within a maximum period of two months from the date of preferring such appeal by the petitioner. With this the writ petition stands disposed of. No costs. --------------------------------- Nooty Ramamohana Rao, J Knk Dt : 28.2.2011