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Judgment
12 paragraphs · 223 wordsChander Bhusan Barowalia, J
Today, when the case was taken up for hearing, it is brought to the notice of this Court that in the present case no appeal has been preferred by the
petitioner before the competent authority and the appeal against the impugned order of compulsory retirement, passed by Superintendent of Police,
District Sirmaur at Nahan, lies against the next higher officer.
Mr. Vikrant Thakur, learned counsel appearing on behalf of the petitioner prays that the next higher authority may be directed to treat the present
petition, as an appeal and further directed to pass a reasoned order after hearing the petitioner and taking into consideration the fact that the petitioner
is having minor children and the misÂconduct was not that grave. Learned Additional Advocate General states that appropriate orders may be passed
in the matter.
After hearing the learned counsel for the parties, the present petition is disposed of with a direction to the appellate authority to consider the present
petition as an appeal, as per the Police Rules and pass a reasoned order, by affording an opportunity of being heard to the petitioner, within a period of
90 days from the date, petitioner appears before him alongwith copy of this order and formal application.
The petition, so also pending application(s), if any, stand(s) disposed of.