IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6527 of 2010 SHAMBHU KUMAR PANDEY S/O LATE SIYA LAL PANDEY R/O VILL.- MALI NAGAR, P.S. CHAKMAISI, DISTT.- SAMASTIPUR Versus 1. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NORTH BLOCK, NEW DELHI 2. THE DIRECTOR GENERAL, C.R.P.F., C.G.O. COMPLEX, NEW DELHI 3. THE ADDITIONAL D.I.G.P., C.R.P.F. GROUP CENTRE, MOKAMAGHAT, PATNA ----------- 03. 19.04.2010 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. After conducing departmental proceeding petitioner has been dismissed from the post of Constable(GD) under order dated 3.6.2002, Annexure-23. Against which he preferred appeal which has also been dismissed by the D.I.G.P, CRPF under orders dated 31.7.2009, Annexure-26. Assailing the dismissal, appellate order petitioner filed memorial/representation before the Director General, CRPF which is dated 24.7.2009 and is contained in Annexure-28 to this application but has not been considered and disposed of so far. 3. This writ application has been filed for a direction to the Director General, CRPF to consider and dispose of the memorial/representation of the petitioner filed against the dismissal, appellate order dated 24.7.2009, Annexure-28. It is submitted on behalf of the petitioner that while considering the memorial/ representation the Director General should consider the charge that petitioner is not involved in any financial misconduct rather having received the punishment of severe censure he could not control himself and is alleged to have reacted sharply by removing his belt and shouting, for such misconduct petitioner ought not to have been - 2 - given the most severe punishment of dismissal. 4. Having heard counsel for the petitioner and the Union I dispose of the writ application directing the Director General, CRPF to consider the memorial/representation of the petitioner dated 24.7.2009, Annexure-28 in accordance with law and to modify the dismissal/appellate order by imposing punishment other than dismissal, removal and compulsory retirement. Rajesh/ (V.N.Sinha, J.)