R. B Mehrotra, J. - (1.) The petitioner is a constable in Central Reserve Police Force. He was charged that on 19-1-1993 he was posted along with four persons on election duty in Ilwal village but the petitioner refused to obey the order and put up uncalled for arguments. On this the Company Commander summoned the petitioner in orderly room and ordered a punishment drill of 15 days and asked him to remain present in the Line. The petitioner refused to obey the orders of his officer and also refused to comply with the order of punishment. Consequent thereto, the petitioner was charged for misconduct under Section 11 (1) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act). After holding the departmental enquiry and after considering the petitioner's reply to the show-cause notice, the Commandant exercising powers under Rule 27 of the Rules framed under the Act, dismissed the petitioner from service vide his order, dated 28-5-1993. It was also directed that the petitioner will not be entitled to get anything more than the suspension allowance during the suspension period and the Awards and Medals given to the petitioner were forfeited by the said order. Aggrieved by the said order, the petitioner preferred an appeal under Section 28 of the Act before the Deputy Inspector General, C. R. P. F. Admittedly the said appeal is still pending before the concerned authority.
(2.) The petitioner has filed the present writ petition challenging the order, dated 28-5-19V3 and has prayed that the order, dated 28-5-1993, filed as Annexure-8 to the writ petition may be quashed by a writ of certiorari.
(3.) I have heard learned counsel for the petitioner Sri R.K. Asthana and the Counsel for the Union of India Sri A.K. Sinha;