The main legal point established is that the right of appeal under Rule 28 of the Central Reserve Police Force Rules, 1955, is available to a member of the force against a dismissal order passed under Rule 27.

Ashok Bhushan, J.—Heard Sri Rajeev Sharma, counsel for the petitioner and Sri S. K. Rai appearing for the respondent Nos. 1, 2 and 3.

2. By this writ petition, the petitioner has prayed for quashing of the order dated 16.10.2001 Annexure-8 to the writ petition passed by the Deputy Inspector General of Police, Central Reserve Police Force, Allahabad, U. P.

3. By the impugned order dated 16.10.2001, an order of dismissal from service has been passed under Section 11 (1) of the Central Reserve Police Force Act, 1949 read with Rule 27 of the Central Reserve Police Force Rules, 1955. The petitioner was appointed in the Central Reserve Police Force as Assistant Sub-Inspector (M). The disciplinary proceedings were initiated against the petitioner under Rule 27 of Central Reserve Police Force Rules, 1955, by memorandum dated 22.4.2000 Annexure-4 to the writ petition and consequent to the said disciplinary proceedings, the dismissal order has been passed. The counsel for the respondents has submitted that against the order of dismissal impugned in the writ petition, the petitioner has right of appeal under Rule 28 of Central Reserve Police Force Rules, 1955, hence the writ petition be dismissed on the ground of availability of statutory alternative remedy. The counsel for the petitioner in reply to the aforesaid submission has submitted that although the petitioner has preferred an appeal against the dismissal order to the Inspector General of Police but actually no appeal is maintainable. The counsel for the petitioner has referred to Annexure-7 to the writ petition which is a copy of the appeal dated 26.11.2001 filed by the petitioner against the dismissal order to the Inspector General of Police. In view of the above submission of counsel for both the parties, the first question for consideration in the writ petition is as to whether the order of dismissal passed against the petitioner is appealable.

4. The counsel for the petitioner elaborating his submission has submitted that Rule 28 refers to Rule 27 which is with regard to the procedure for awarding of punishment. The counsel for the petitioner has submitted that in table given in Rule 27, the petitioner is not covered by any of the items, hence no punishment can be awarded to him under Rule 27. Consequently, Rule 28 is not applicable. The counsel for the petitioner has submitted that the table given in Rule 27 refers to Subedar (Inspector), Sub-Inspector, others except constables and enrolled followers. The counsel for the petitioner has submitted that since the petitioner is Assistant Sub-Inspector (M), he is not covered by Rule 27 ; hence the appeal is not maintainable.

5. From the submissions of counsel for the parties, as noted above, the first question which arises for determination is as to whether petitioner has right of appeal under Rule 28 of Central Reserve Police Force Rules, 1955 (hereinafter referred to as the Rules, 1955). For considering the aforesaid submission, a look over the provisions of Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act, 1949) and Rules, 1955, is required to be made. Before proceeding further, it is relevant to note that it is the case of the petitioner that he is member of C.R.P.F. (Central Reserve Police Force). The counsel for the respondents has also submitted that petitioner is a member of Central Reserve Police Force who has also allotted No. 951860138. He has submitted that only those persons are allotted numbers who are member of the force. Petitioner being member of the force, the provisions of the Act, 1949 and the Rules, 1955 are fully applicable on the petitioner.

6. Section 11 of the Act, 1949, refers to minor punishment. Section 11 (1) of the Act, 1949, is quoted as below :

“11. Minor punishment.—(1) The Commandant or any other authority or officer as may be prescribed may, subject to any rules made under this Act, award in lieu of, or in addition to, suspension or dismissal any one or more o