IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13897 of 2009 NAGESHWAR OJHA, son of Ram Bechan Ojha, Resident of village Niyazipur, P.S. Natwar, District Rohtas Versus 1. THE UNION OF INDIA through Secretary, Home Department, New Delhi 2. The Director General, C.R.P.F., Lodhi Road, New Delhi 3. The Commandant, 10 Battalion, C.R.P.F., 82 Miles, Nalkata, Tripura. At present Barpeta Assam. 4. The Inspector General, Eastern Sector, C.R.P.F., Kolkata ----------- 03/ 27.10.2009 Heard learned counsel for the parties. 2. Petitioner is aggrieved by the order of the Commandant, 10, Battalion, C.R.P.F. dated 7.11.2006, Annexure-1, whereunder he has been removed from the post of constable as he is said to have remained under unauthorized absence for the period from 27.9.2005 to 7.11.2006 (407 days). 3. It is submitted on behalf of the petitioner that during the aforesaid period, he had become insane and was even away from his residence and in support of such fact reference is made to the letter of the Deputy Inspector General of Police, Welfare dated 13.4.2007, Annexure-2 and with reference to the said letter, it is submitted that as petitioner became insane, he had no control over himself and he could not report for duty soon after his leave was over. It is submitted with reference to the aforesaid fact that in appreciation of his mental condition, authorities ought to have imposed lesser punishment than removal, namely, Voluntary/ Compulsory retirement for which petitioner is entitled as he has already rendered 20 years of 2 satisfactory service, which is sine qua non for voluntary retirement. 4. Petitioner has a remedy of appeal against the order impugned dated 7.11.2006, Annexure-1 and by availing such remedy , petitioner can request the appellate authority to reduce the punishment from removal to voluntary retirement. 5. Accordingly, I direct the petitioner to assail the impugned order dated 7.11.2006, Annexure-1 by filing appeal before the competent authority. The Memo of appeal should be accompanied with limitation petition requesting the authorities to condone the delay in filing the appeal and thereafter appellate authority should consider the submission made in the memo of appeal in accordance with law taking a lenient view in the matter as early as possible, in any case within four months from the date of receipt of the memo of appeal along with limitation petition. Petitioner should file his appeal along with a certified copy of this order within four weeks from the date of receipt of the certified copy of this order. 6. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)