Y. Ibotombi Singh, J.- It is very unfortunate that an occurrence which took place in the year 1979 has been still hanging on the head of the petitioner for about a decade or so. This case illustrates the conse­quence of an unjust order passed by an officer on the higher rung against subordinate officer of the lower rung.

2. By this petition under Article 226 of the Constitution of India, the petitioner has sought for issuing an appropriate writ or direction quashing the order dated 25.7.79 passed by Shri R. N. Rao, Comman­dant Group Centre, CRPF., Imphal dismissing the petitioner from his service as Head Constable and also the order dated 20.9.79 passed by Brig. R. B. Raja, retired Deputy Inspector General of Police. CRPF converting the said order of dismissal into one of reduction to the lower rank for one year with the condition that on re-promotion, the petitioner shall not retain his original seniority in the rank of Head Constable etc.

3. The relevant facts giving rise to the present petition are as follows :-

In the month of June, 1979, the Central Reserve Police Force personnel resorted to country-wide agitation for better service condition by increasing their pay and other amenities. The CRPF personnel posted in this tiny State of Manipur also participated in the said agitation by indulging in various acts of indiscipline and misconduct, such as, disobeying the order of the superior authority, deserting their posts, etc.

4. The petitioner Shri R. K Yadav, who was then a Head Const­able, was one of the agitators who absented themselves from duties unauthorisedly and indulged in various acts of indiscipline and misconduct.

5. In exercise of his powers conferred by sub-rule (cc) (ii) o Rule 27 of the Central Reserve Police Force Rules, 1955 read with clause (b) of second proviso to clause (2) of Article 311 of the Con­stitution, Shri J. N. Rao, Commandant Group Centre, Central Reserve Police Force, Imphal passed an order on 25. 7. 79 dismissing the service of Shri R. K. Yadav from his service as Head Constable. It is to be noted here that Shri J. N. Rao, having satisfied that in the facts and circumstances any attempt to hold departmental inquiry by serving a written charge sheet and following other proce­dures in the manner provided in the Central Reserve Police Force Rules, 1955 will be frustrated by the collective action of the agitators, did not hold an inquiry.

6. Having felt aggrieved by the said order of the Commandant, the petitioner preferred an appeal to the Deputy Inspector General of Police, CRPF, Kohima. While confirming that the appellant committed an offence which led to him to dismissal from service, the Deputy Inspector General of Police, CRPF held that punishment awarded namely, dismissal from service is too harsh and, therefore, he passed the following orders :

"(i) Order of Commandant GC CRPF Imphal issued vide No. P. VIII-1/79-GC dated 25 July 79 is hereby quashed and Ex HC RK Yadav is reinstated in service from the date he rejoins duty.

(ii) He is reduced to the rank of Naik (GD) for a period of one year. On repromotion, he will not regain his original seniority in the rank of Head Constable.

(iii) The day of absence on 25. 6. 79 on which he took part in collective agitation will be treated as Not ON DUTY and will not count towards seniority, promotion, pay, future increment and pension etc.

(iv) Period from the date of dismissal to the date he rejoins duty shall be treated as leave of kind due to him."

7. It is for the quashing of the said order passed by Shri J. N. Rao, Commandant and the order passed by the Deputy Inspector General of Police that the petitioner has filed the present petition under Article 226 of the Constitution of India.

8. Right in the beginning, the learned counsel for the respondent has made a preliminary objection as to the maintainability of the petition. The learned counsel endeavours to apply the doctrine of exhaustion of the statutory remedy as a bar to the exercise of jurisdiction u

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