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2006 Supreme(All) 334

D.P.SINGH
Indra Narain Tripathi son of Sri Onkar Nath Tripathi – Appellant
Versus
Union of India (UOI) through the General Manager, Northern Railways – Respondent


Advocates:
GAJENDRA PRATAP, Govind Saran, R.S.CHAUHAN, SATISH DWIVEDI, Shyam Sunder Sharma,

D. P. SINGH, J.

( 1 ) HEARD counsel for the parties.

( 2 ) THIS petition is directed against an order of removal dated 31. 8. 1991 and also the appellate order dated 184. 2001 rejecting - the resultant appeal of the petitioner.

( 3 ) LEARNED counsel for the respondent has raised a preliminary objection that a statutory revision lies against the impugned orders and in fact the petitioner has alleged that he had preferred the revision on 24. 5. 2001. therefore the petition is not maintainable. The respondents in their counter affidavit have denied that any memo of revision was received by the competent authority. The appeal of the petitioner was decided after about a decade of the removal order. This petition has remained pending for the last about 4 years and pleadings have been exchanged between the parties thus. on these facts it would not be appropriate to throw out the petition on the ground of alternative remedy

( 4 ) "finders Keepers" an age old adage, cost the petitioner dearly.

( 5 ) THE petitioner, a constable in the Railway Protection Force was detailed alongwith another constable Sri R. K. Dubey, on 20. 4. 1990 10 escort a party of Railway officials for distribution of mon











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