IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14292 of 2010 NIRBHAY SINGH FORCE NO. 981420073 CONSTABLE (G.D.) HQ. 189 BETTALION, C.R.P.F. HAFLONG N.C. HILLS, ASSAM, SON OF LATE AMAR NATH SINGH, RESIDENT OF VILLAGE- RUKUNPURA, P.S.- BAKHTIYARPUR, DIST- PATNA :--- PETITIONER. Versus 1. THE UNION OF INDIA THROUGH C.R.P.F. THROUGH ITS INSPECTOR GENERAL OF POLICE, TRIPURA SECTOR, AGARTALLA. 2. COMMANDANT, 189 C.R.P.F. HAFLAUNG, N.C. HILLS, (ASSAM). 3. INSPECTOR GENERAL OF POLICE, C.R.P.F., TRIPURA SECTOR, AGARTALLA. 4. DEPUTY INSPECTOR GENERAL OF POLICE, C.R.P.F., AGARTALLA RANGE, TRIPUTA :--- RESPONDENTS. ----------- 2. 03.09.2010. Heard learned counsel for the petitioner and the Union of India. 2. Petitioner at the relevant time served as Constable (G.D.) in 189 Battalion of the Central Reserve Police Force (hereinafter referred to as “C.R.P.F.”). He overstayed beyond the sanctioned leave by 64 days and was proceeded against. After conclusion of the departmental proceeding he was dismissed under orders dated 20th January, 2010, Annexure-7 in the light of the report of the Enquiry Officer on the charge of overstayal for 64 days. The dismissal order was challenged in appeal which was also dismissed under orders dated 25th May, 2010, Annexure- 7/1. Petitioner has filed this writ application questioning the validity and correctness of the - 2 - two orders i.e. dismissal order and the appellate order on the ground that punishment of dismissal is too severe as petitioner overstayed on account of illness of his wife, child and death of his father. 3. Having heard counsel for the petitioner and the Union of India, I dispose of the writ application with direction to the petitioner to challenge the dismissal, appellate order contained in Annexure-7 and 7/1 before the revisional authority who should consider the same in accordance with law, as early as possible, in any case within a period of three months from the date of its receipt. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)