Instant writ petition has been filed under Article 226 of the Constitution of India. By this writ petition the petitioner has prayed for issuing a writ of certiorari for quashing and setting aside the impugned order dated 14.03.2009 issued under the signature of the Commandant, 12th Assam Police Battalion, Jamugurihat, Sonitpur, whereby and whereunder the petitioner who was to join as Constable under the Assam Police Battalion on 15.03.2008 was removed from service with immediate effect. 2. Heard Mr UK Nair, learned counsel appearing for the petitioner. Also heard Mr S. Sharma, learned State Counsel appearing for the respondents. 3. Petitioner’s case in a nutshell is that the petitioner was appointed to the post of the Armed Branch Constable (AB Constable for short) in the unit of the 12th Assam Police Battalion, Jamugurihat, Sonitpur on 08.05.2008. As the recruited Constables including the petitioner was scheduled to be deputed for basic training, he underwent training till 11.05.2008 with good health. The petitioner fell sick since 12.05.2008 and as per advice of the unit doctor he was referred to the Kanaklata Civil Hospital, Tezpur on 19.05.2008. Whereafter the petitioner was discharged with an advice to attend Lokopriya Gopinath Bordoloi Regional Institute of Mental Hospital (Mental Hospital for short), Tezpur, Assam, wherein, he was admitted as the out door patient on 20.05.2008. The medical certificates dated 27.09.2008 and 28.10.2008 issued by the Medical Board of the Mental Hospital consisting the medical opinion was duly accepted by the respondent authority that the petitioner has been treated and he was under regular check up since 20.05.2008 improving with treatment and on examination from 05.09.2008 onwards no active phychosis is detected, further the medical opinion of the Board is that the petitioner is both physically and mentally fit to resume his duties. Petitioner 4 was thus under legitimate expectation that he would be allowed to resume his duties. However, surprisingly, instead of allowing him to join, he was served with an order dated 14.03.2009 issued by the respondent No. 5 stating therein that the Medical Superintendent, Mental Hospital, Tezpur vide letter dated 03.02.2009 has informed that the petitioner was examined by the Medical Board and though he was found improving on 03.01.2009 he was not completely fit to resume rigorous training as there was every likelihood to relapse with the stress and thereby directed to remove the petitioner from service. However, before serving the impugned order of removal the petitioner was never issued with any show cause notice. 4. Thereafter vide letter dated 17.08.2009, on a petition filed by the petitioner praying for allowing him to join in the duty, the Assistant Inspector General of Police (T), Assam has requested the respondent No. 5 to allow the petitioner to resume his duty from the date of reporting at the Battalion headquarter and to take action for his conduct as deemed fit. However, despite the aforesaid communication dated 17.08.2009, the petitioner was not allowed to resume his duties. Hence, being aggrieved with the action of the authority, the instant application has been filed by the petitioner with the aforesaid prayer. 5. An affidavit-in-opposition has been filed by the respondent No. 5, the Commandent, 12th Assam Police Battalion, Jamugurihat wherein at paragraph 11 it has been categorically stated on oath that after removal from service, the Commandant has no authority to allow to join a removed person without cancellation of the order of removal by the higher authority. 6. In view of the statements made on oath as stated hereinabove, Mr Nair has submitted that in the facts and circumstances of the case, the petitioner’s only prayer is for a direction to consider the case of the petitioner afresh by the higher authority so as to allow the petitioner to join in the service after cancellation of the order of removal by the higher authority, if necessary, by accommodating him in any other job under the authority. 7. To the aforesaid limited prayer made by the learned counsel appearing on behalf of the writ petitioner, Mr Sharma, learned state counsel has raised no objection. 8. I have heard learned counsel appearing for the parties. Also perused the materials available on record. Considering the matter in its entirety as well as the limited prayer so made on behalf of the writ petitioner, I deem it fit to direct the petitioner to approach the higher authority for 6 considering the case of the petitioner afresh in the aforesaid background. The petitioner may submit a representation stating his case as well as his grievances in details before the respondent No. 2 i.e. the Director General of Police, Assam, Guwahati. The respondent No. 2 would dispose of the representation within a period of eight (8) weeks from the date of receipt of the same. 9. The petitioner may submit a representation stating his case as well as his grievances in details before the respondent No. 2 i.e. the Director General of Police, Assam, Guwahati. The respondent No. 2 would dispose of the representation within a period of eight (8) weeks from the date of receipt of the same. 9. The writ petition is accordingly disposed of. However, there shall be no order as to cost. _____________