Patna High Court
Shahnawaz Ahmad @ Shahnawaz Itoo @ ShahnawazversusUnion of India
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner failed to avail the statutory remedy and, therefore, the writ petition is dismissed.
Summary
Shahnawaz Ahmad, a former member of the Central Reserve Police Force (CRPF), was dismissed in 2001 after being declared a deserter following an abduction during a sanctioned leave. He filed a writ petition in the Patna High Court in 2026 seeking quashing of the dismissal order and reinstatement with benefits, alleging that his absence was due to the abduction and that he was denied a fair hearing. The petitioner had earlier approached the Jammu & Kashmir High Court, which dismissed his petition for lack of jurisdiction, and he did not pursue any appeal or revision under the CRPF Rules. The Union of India contended that the petitioner failed to avail the statutory remedies provided under the CRPF Rules and that the petition was filed after a lapse of more than two decades. The Court observed that the petitioner had not complied with the mandatory appeal/revision process and, having waited 23 years, the writ petition could not be entertained. Consequently, the Court dismissed the petition.
Issues considered
- Whether the petitioner can challenge his dismissal after the lapse of the statutory remedy period under the CRPF Rules.
- Whether the High Court has jurisdiction to entertain the writ petition filed after such delay.
- Whether the order passed under Rule 27 of the CRPF Rules is appealable/revisable and must be pursued before filing a writ.
Legislation cited
- Central Reserve Police Force Act, 1949 — s. 10(m), 9(f)
- Central Reserve Police Force Rules, 1955 — s. Rule 27, Rule 28, Section 29
Subjects
- writ of certiorari
- writ of mandamus
- service law
- desertion
- statutory remedy
- jurisdiction
- CRPF
- dismissal
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.490 of 2024
======================================================
Shahnawaz Ahmad @ Shahnawaz Itoo @ Shahnawaz S/o- Mohammad
Sultan, R/o- Village Chawalgam, Tehsil, P.O.- Chawalgam, P.S.- Kulgam,
District Kulgam, State-Kashmir.
... ... Petitioner/s
Versus
1. Union of India through Secretary to Government of India, Home
Department, New Delhi.
2. The Director General, CRPF, Block No. 1, CGO Complex, Lodhi Road,
New Delhi-110003.
3. The Special Director General, Central Reserve Police Force (CRPF), Lodhi
Road, New Delhi, Pincode-110003.
4. The Additional Director General, Central Reserve Police Force (CRPF),
Lodhi Road, New Delhi, Pin Code-110003.
5. The Inspector General, Central Reserve Police Force (CRPF), Ashiyana
Digha Rd., Patna Bihar, PinCode-800025.
6. The Deputy-Inspector General, Central Reserve Police Force (CRPF),
Ashiyana Digha Rd. Patna Bihar, Pincode-800025.
7. DIGP, Central Reserve Police Force (CRPF), Gulzarbagh, Patna.
8. Commandment,134 BN, Central Reserve Police Force (CRPF), Gulzarbagh,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishal Vikram Rana, Adv.
Mr.Misha Bharti, Adv.
For the Respondent/s : Mr.Punam Kumari Singh, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 02-02-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the Union of India.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed with the following reliefs:-
i. WRIT OF CERTIORARI: quashing the
impugned order bearing No. P.VIII-5/2001-134-EC-II
dated:31-07-2001i. WRIT OF CERTIORARI: quashing the
impugned order bearing No. P.VIII-5/2001-134-EC-II
dated:31-07-2001 (Annexure P 5),
ii. WRIT OF MANDAMUS: commanding the
respondents to take the Petitioner back in service and
Patna High Court CWJC No.490 of 2024(3) dt.02-02-2026
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consider his period of absence without leave as on duty.
iii. WRIT OF MANDAMUS: directing the
respondent to give all consequential benefits including the
salary and other benefits in favour of the Petitioner.
3. Counsel for the petitioner further submits that the
petitioner was enrolled in the Central Reserve Police Force
(CRPF) and became member of the force in the year 1995. He
was selected and posted in the Commandment 134 BN CRPF
where he served the force with dedication, zeal and honesty. He
further submits that during his service, the petitioner had applied
for 15 days of casual leave which was later granted in his favour
w.e.f. 18.09.2000 to 09.10.2000. He further submits that the
petitioner went to his native village to avail the said leave, but
there, he got abducted from his house by some unidentified
masked gunmen and during his confinement, he was subjected
to a brutal third degree torture which left a deep and indelible
impact on the nervous system of the petitioner then, he had to
undergo psychiatric treatment for his condition and later on,
opted to brought this incident to the notice of SHO P.S. Kulgam
and in this regard, FIR was also registered. He further submits
that the petitioner has been declared ‘Deserter’ in terms of the
section 9(f) of the C.R.P.F. Act of 1949 and he was held to be
liable prosecuted under Section 10(m) of the said Act.
4. Counsel further submits that the petitioner was not
Patna High Court CWJC No.490 of 2024(3) dt.02-02-2026
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participated in any departmental proceeding, but respondent
authorities have passed final order dated 31.07.2001 by which
he has been removed from his service. He further submits that
the petitioner had filed a writ petition under heading SWP
No.1175 of 2011 before the Hon’ble High Court of Jammu and
Kashmir & Ladakh at Srinagar, which was finally disposed of
on 26.07.2023 by which the Hon’ble Court had dismissed the
writ petition on the ground that there is lack of jurisdiction, with
liberty that the petitioner may approach appropriate forum in
accordance with law.
5. Counsel further submits that after rejection of the
writ petition, he has preferred the present writ petition before
this Hon’ble Court.
6. Counsel for the Union of India submits that the
petitioner was dismissed from his service on 31.07.2001 and the
copy of the dismissal was communicated at the house of the
petitioner at registered post no. 3109 dated 11.08.2001.
7. Counsel further submits that the petitioner was
granted ample opportunity to defend his case, but due to over
stay leave as well as bt own whims and fancy, sat over the
matter and almost after 10 years from the date of passing of the
dismissal order, has filed the present writ petition and then at
Patna High Court CWJC No.490 of 2024(3) dt.02-02-2026
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present, about 24 years has been passed from the date of
dismissal order. As such, he has no case at all.
8. Upon specific query of this Court that the original
order has been passed under Rule 27 of the C.R.P.F. Rules,
1955, is appealable under Rule 28 and revisable under section
29 of the Rules of 1955. Inspite of that, why the petitioner has
not preferred either appeal or revision and directly come before
this Hon’ble Court.
9. In this regard, counsel for the petitioner has no
specific answer.
10. In the light of the submissions made, it transpires
to this Court that the petitioner has not availed the statutory
remedy and directly come before this Court after lapse of about
23 years. As such, this Court has no option, but to dismiss the
present writ petition.
11. With the aforesaid directions and observations, the
present writ application stands dismissed.
(Dr. Anshuman, J)
Prakashmani/-
U
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