Md. Zeyaur Rahman @ Jayaur Rahman v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13090 of 2024 ====================================================== Md. Zeyaur Rahman @ Jayaur Rahman Son of Md. Sabir, Resident of Village- Muria, P.O.- Muria, P.S.- Sadar Darbhanga, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The Union of India through its Cabinet Secretary, Government of India, New Delhi.

2.

The Home Secretary, Government of India, New Delhi. 3.

The Director General, B.S.F., C.G.O., Block- 10 Complex, Lodi Road, New Delhi.

4.

The Inspector General, B.S.F. Frontier Head Quarter, Jammu and Kashmir. 5.

The Inspector General, Vigilance, B.S.F. H.Q. C.G.O. Complex, Block- 10, Lodi Road, New Delhi.

6.

The D.I.G., B.S.F., Regional Head Quarter, Singpura, Baramu a, Jammu and Kashmir.

7.

The Commandant, 143 Battalion, B.S.F., Haringhata, Kalyani Duh Wadia (West Bengal)- 741246.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mazharul Hassan, Adv.

For the U.O.I.

:

Mr. Alok Kumar, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned counsel for the Union on India.

2. The present writ application has been filed for directing respondent no. 4 for disposal of the Statutory Petition/Appeal dated 06.06.2024 filed under Section 117 of the B.S.F. Act, 1968 read with Rule 167 (2) of the B.S.F. Rules, 1969 against the order of punishment and further prayer has been made to stay the order of punishment till pendency of appeal before respondent no. 4.

Patna High Court CWJC No.13090 of 2024(2) dt.02-09-2024 2/2

3. Learned counsel for the Union of India submits that from the pleadings, it transpires that in the writ petition, the reference of five representations were made, then his order of punishment has been passed. The petitioner has filed appeal on 06.06.2024. The period to receive the appeal is 30 days from the date of communication, as per the General Clauses Act, 1897. He further submits that a reasonable time may be granted, so that appellate authority shall pass order.

4. In the light of the submissions made, the present writ application stands disposed off directing respondent no. 4 to pass order within 90 days from the date of presenting the order before him.

(Dr. Anshuman, J) sadique/- U