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Patna High CourtCWJC/8138/2018disposed

Arun Kumar Shukla @ Arun Kumar v. The Union Of India And ORS

2024-04-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8138 of 2018 ====================================================== Arun Kumar Shukla @ Arun Kumar S/o Sri Ashok Shukla, Resident of Village- Babhan Gama, P.O.- Benigir, P.S.- Mufshil, Dist- Munger. ... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

The Director General, of Indo Tibetan Border Police Force Ministry of Home Affairs Government of In 3.

The Deputy Inspector General, of Indo Tibetan Border Police Force SHQ Lgk Regional Head Quarters L 4.

The Deputy Inspector General, Stablihsment/Administration The Directorate Indo Tibetan Border Poli 5.

The Office Senani, 16th Battalian, Indo Tibetan Border Police Force Ministry of Home Affairs/Govern 6.

The Inspector General North West Fronties Indo Tibetan Border Police Force.

7.

The Commandant 16th Battalian Indo Tibetan Border Police Force. 8.

The Deputy Commandant 16th Battalian Indo Tibetan Border Police Force. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Respondent/s :

Mr.S.D Sanjay Addl. Soc. Gen.

For the U.O.I.

:

Mr. Ram Anurag Singh, CGE ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2024 Counsel for the petitioner and counsel for the State present.

2. The present writ petition is filed for quashing of the order dated 06.01.2018 passed by the Senani 16th Battalian, the Indo Tibetan Border Police Force (Ministry of Home Affairs) Government of India by which petitioner was given compulsory retirement from service with effect from

Patna High Court CWJC No.8138 of 2018(3) dt.30-04-2024 2/2 06.01.2018, who was previously working as a constable (cobbler).

3. Counsel for the petitioner submits that original order has been challenged before this Court whereas appeal against the said order is pending before the appellate authority.

4. Counsel for the Union submits that as per the pleadings, the order could not be passed in the second appeal due to the reason that it is pending for legal advice as it transpires to this Court vide Annexure-P/7.

5. In this background, this Court hereby directs to the The Deputy Inspector General, of Indo Tibetan Border Police Force SHQ Lgk Regional Head Quarters Laddakh, Jammu and Kashmir (Respondent No. 3) to pass final order in Appeal within 90 days from the date of communication/production of this Court.

6. It is made clear, that 90 days shall be counted from the date on which LokSabha election concludes.

7. Accordingly, this writ petition stands disposed off. (Dr. Anshuman, J) Sunnykr/- U