LPA No. 692 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 692 of 2010 (O&M) Date of decision 21 .2.2011 Karambir Singh ... Appellant Versus Union of India and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S.MANN Present: Mr. Gurminder Singh,Advocate for the appellant Mr. Naveen Chopra Advocate for the respondents 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. This is an appeal filed under Clause X of the Letters Patent challenging judgement dated 21.1.2010 rendered by the learned Single Judge. The learned Single Judge has recorded in the impugned order dated 21.1.2010 that the petitioner-appellant was compulsorily retired by an officer of the rank of A.D.I.G.P. Group Centre, CRPF, Gurgaon who is a superior officer than his appointing/ disciplinary authority. According to Rule 27 (B) of the CRPF Rules, 1955 (for brevity 'the Rules') a Commandant is the disciplinary authority in case of the Head Constable (General Duty). It has also remained undisputed that ADIGP (Group Centre) CRPF is superior to the Commandant who has passed the order of compulsory retirement. Mr. Gurminder Singh, learned counsel for the appellant has vehemently argued that the petitioner- appellant was posted in the 119 Battalion CRPF under G.C. Gwalior as Head Constable (General Duty). However, on 27.5.2005 he was attached to Group Centre, CRPF Gurgaon. Accordingly the submission made by him is that it was Group Centre LPA No. 692 of 2010 2 Gwalior as its ADIGP who was required to pass order of compulsory retirement and not the one at Gurgaon. Having heard the learned counsel for the parties, we find that the instant appeal is liable to be dismissed. It has come on record that at one time, the petitioner- appellant was posted at Group Centre, CRPF Gwalior. Thereafter he was transferred and attached to Group Centre, Gurgaon on 27.7.2005. A charge-sheet was issued to him on 30.9.2005. An Enquiry Officer Ms. Poonam Gupta Deputy Commandant, GC Gurgaon was appointed on 28.9.2005. He was transferred to Gurgaon on 29.11.2005. After his attachment to the Group Centre, CRPF Gurgaon on 27.7.2005. It is thus evident that after his attachment and transfer to Gurgaon, the Addl. Director General of Police, CRPF would assume jurisdiction and power to pass order concerning the petitioner- appellant. Therefore, the order is within the competence of respondent no.5 and it cannot be set aside on the ground that he did not have the power of control and supervision over the petitioner- appellant. The impugned order of compulsory retirement does not suffer from any legal infirmity warranting interference of this Court. No other argument has been raised. As a sequel to the above discussion, the appeal fails and the same is dismissed. (M.M.Kumar) Judge (T.P.S.Mann ) 21.2.2011 Judge okg.