IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 9016 of 2009 Girish Kumar Tiwari, son of late Nathuni Tiwari, resident of village – Narayana, P O – Chandra Kaithi, P S – Chenari, Dist – Rohtas -Petitioner Versus 1 The Union of India 2 Secretary, Department of Home Affairs, Government of India, New Delhi 3 Director General, CRPF, New Delhi 4 Inspector General, Central Reserve Police Force, Patna 5 DIG, Central Reserve Police Force, New Delhi 6 DIG, CRPF, Sindri, Dhanbad 7 Commandant, 159 Battalion, Central Reserve Police Force, Gaya, Patna 8 Rajesh Kumar, Deputy Commandant, son of name now known to the petitioner, presently posted at CRPF, Group Centre, Muzaffarpur 9 Anand Kumar Gadwal, son of name not known to the petitioner, Assistant Commandant –cum- Company Commander, 159 BN, CRPF, Gaya 10 Enquiry Officer –cum- Deputy Commandant, 159 BN, CRPF, Gaya -Respondents ----------- 2 03.08.2009 The petitioner has suffered a major penalty while serving in CRPF. He has challenged the order on various grounds. In my view, these aspects being factual, must first be gone through at the appellate stage which appeal the petitioner has not filed. Petitioner should first exhaust the remedy of appeal and then raise any grievance that is permissible. With this observation, the learned counsel for the petitioner is permitted to withdraw this writ application to file an appeal. In case an appeal is filed, the same should be entertained on merits and should not be dismissed on grounds of delay. This writ application is dismissed as withdrawn. M.E.H./ (Navaniti Prasad Singh)