Page No.# 1/3 GAHC010237762022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7557/2022 NITU DUTTA S/O. GAJEN DUTTA, VILL. MANAHKUCHI, P.O. MANAHKUCHI, P.S. HAJO, DIST. KAMRUP, ASSAM, PIN-781104. VERSUS THE UNION OF INDIA AND 4 ORS REP. BY THE SECRETARY, DEPTT. OF HOME, NEW DELHI. 2:THE DIRECTOR GENERAL OF POLICE CENTRAL RESERVE POLICE FORCE NEW DELHI. 3:THE INSPECTOR GENERAL CENTRAL RESERVE POLICE FORCE ALUGUDAM P.O. ALUGUDAM SHILLONG MEGHALAYA 4:THE DEPUTY INSPECTOR GENERAL CENTRAL RESERVE POLICE FORCE AMRIGUG P.O. AMRIGUG NINE MILE GUWAHATI ASSAM. 5:THE COMMANDANT Page No.# 2/3 119 BATTALION CENTRAL RESERVE POLICE FORCE ROWRIAH JORHAT ASSAM Advocate for the Petitioner : MR J ISLAM, MR. A HUSSAIN,MR M SIDDIQUE,MS D DAS Advocate for the Respondent : ASSTT.S.G.I., MRS. R DEVI BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 23.05.2025 Heard Mr. J. Islam, learned counsel for the petitioner and Ms. R. Devi, learned CGC appearing for the respondents. 2. Having regard to the nature of the case projected by the petitioner and importantly the fact that there is an alternate remedy by way of statutory appeal which lies before the Appellate Authority under the CRPF Rules, 1955, the writ petition is taken up for disposal at this stage. 3. It is the case of the petitioner that he was removed from service vide an order dated 08.07.2022 on account of certain allegation and the charges of which is said to have been proved against him. According to the petitioner, he made an attempt to file an appeal by submitting the application on 18.07.2022 but the same was not accepted by the authority concerned for reasons not known to him. 4. Ms. Devi, learned CGC submits that the contention of the petitioner is without any basis and in fact it was clearly mentioned in the removal order that if he wanted to file the appeal he could do so within 30 days. Page No.# 3/3 5. Be that as it may, without entering into the controversy as to whether the appeal was refused or not, this Court is of the view that an opportunity be granted to the petitioner to file an appeal before the Appellate Authority in terms of Rule 28 of the CRPF Rules, 1955. 6. The petitioner shall thereafter file his appeal before the Appellate Authority within a period of 15 days from today and in the event, the said appeal is filed as directed, the appellate authority shall not reject the same on the ground of delay but entertain the same as filed on time. Upon receipt of the appeal, the Appellate Authority shall also give an opportunity of hearing to the petitioner and take a decision in the matter by passing a speaking and reasoned order. The Appellate Authority shall make the consideration and shall pass the order as directed hereinabove preferably within a period of 2(two) months from the date of receipt of the appeal to be submitted by the petitioner. 7. The petitioner shall also submit the copy of the writ petition along with his appeal as well as order passed by this Court. 8. With the above direction, the writ petition stands disposed of. JUDGE Comparing Assistant