IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5774 of 2009 JITENDRA KUMAR SINGH Versus THE UNION OF INDIA & ORS ----------- 2. 12.05.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was placed under suspension and disciplinary proceedings were initiated. The allegation against him as a Constable under the Para Military Force was of un- authorised firing. This Court does not consider it proper to notice any further facts or consider any other issues at this stage least it may prejudice the petitioner. Counsel for the Union of India has raised a preliminary objection of availability of a statutory remedy of appeal to the petitioner before the DIG under the CRPF Act. In that view of the matter, learned Counsel for the petitioner prays for leave to withdraw this application to avail the remedy of statutory appeal. Nothing in the present order shall be construed as containing any limitation in the mind of the Appellate Authority from independently considering such appeal of the petitioner. Any request by the petitioner for condonation of delay in preferring the appeal shall also be considered by independent application of mind by the Appellate Authority. The application stands disposed off. Snkumar/- (Navin Sinha,J.)