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W.P.(C)1959/2017,CMNo.8688/2017(bythepetitionerforstay)&
CMNo.8689/2017(bythe petitionerforrelease onbaii)
GAVADEKISANBABU Petitioner
Through:Mr.J.P.Sharma with Mr.Ram Naresh, Advocates
Through:Ms.Anjana Gosain and Ms.Shalini Nair,Advocates.
HON'BLE MS.JUSTICEREKHAPALLI
ORDER o/o 16.11.2017 ^ 1. The present petition is directed against the order dated 19.10.2016 issued by the Respondent/Director General, National Security Guard, MinistryofHome Affairs,GovernmentofIndia,wherebytheconviction and sentence of five years' imprisonments awarded by the General Security
Guard Court,has been confirmed. v\ 2. Ms.Gosain, learned counsel for the respondent states that she had pointed out before this court, on 03.03.2017 that the petitioner has an alternative remedy offiling a petition before the Ministry ofHome Affairs, Government ofIndia under Section 113(2)ofthe National Security Guard
A ' ■
Act,1986 which he has notexhausted and instead has approached this court directly.
W.P.(C)1959/2017 Page1of3
2017:DHC:8709-DB
JUDGMENT
3. Learned counsel for the petitioner states that he has recently been engaged in the present case and having regard to the fact that the petitioner has not exhausted the remedy of filing a statutory petition against the impugned order dated 19.10.2016 before the Authority as provided under Section 113 ofthe NSG Act, 1986, he may be permitted to withdraw this petition while reserving the right of the petitioner to file a petition under Section 113 ofthe National Security Guard Act, 1986. He,however,states that the timeline for filing the petition being three months reckoned from 25.10.2016, the date on which the petitioner had received a copy of the impugned order dated 19.10.2016 and the said period having already expired, the respondents are likely to reject his petition on the ground of limitation,withoutgoing into the merits ofthe matter.
4. Counsel for the respondent submits on instructions that the respondents shall not raise any objection on the aspect of limitation and instead,considerthe petition proposed to be filed bythe petitioner,on merits and decide the same.
5. Accordingly, the present petition is dismissed as withdrawn with liberty granted to the petitioner to file a statutory petition under Section 113 ofthe National Security Guard Act, 1986,within four weeks. As and when the said petition is received,the competent authority shall consider the same and take a decision by passing a speaking order under written intimation to WP.(C)1959/2017 Page20/3 ja thepetitioner.Ifaggrievedbythedecisiontakenbythecompetentauthority, the petitionershall be entitledto seeklegalrecourse.
6. Thepetitionis disposed ofalong withthependingapplications.
NOVEMBER 16,2017 ^ na/ap HIMA KOHLI,J PAIZM J W.P.