High Court of Punjab and HaryanaCWP/27002/2022disposed of

Nk (Regiment No. 163103101569 Bsf Si) Neeraj Kumar v. Union Of India And Others

2022-11-24Mr. Justice Rajbir Sehrawat2 pages

CWP-27002-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27002-2022 Date of Decision: 24.11.2022 NK (Regiment No.163101569 BSF SI) Neeraj Kumar ...... Petitioner

Versus

Union of India and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Ganesh Kumar Sharma, Advocate, for the petitioner.

***** RAJBIR SEHRAWAT, J. (ORAL) This is a petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of certiorari quashing the impugned order dated 11.04.2019 (Annexure P-8) passed by respondent No.3 and reinstate the petitioner w.e.f 11.04.2019 along with all consequential benefits; as also seeking issuance of a writ of mandamus directing the respondents to decide the letter dated 29.10.2022 (Annexure P12) vide which the petitioner has been informed that his request is under active examination of Ftr HQ BSF, Gujarat, to decide the appeal dated 08.07.2022 (Annexure P-10) filed by him.

At the outset, learned counsel for the petitioner submits that, at this stage, the petitioner would be satisfied if the respondents take a conscious decision on the statutory appeal of the petitioner dated 08.07.2022 (Annexure P-10) and pass a speaking order thereon, within a time bound frame.

VIRENDRA SINGH ADHIKARI 2022.11.24 17:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

CWP-27002-2022 -2Notice of motion.

Mr. Sandeep Bhatia, Advocate, accepts notice on behalf of the respondents. Even counsel for the respondents is not averse to the expeditious disposal of the claim of the petitioner. In view of the above, the present petition is disposed of with a direction to respondent No.2 to decide the appeal of the petitioner dated 08.07.2022 (Annexure P-10) and take a conscious decision thereon by passing a speaking order; within a period of three months from the date of receipt of the certified copy of this order.

(RAJBIR SEHRAWAT) JUDGE 24.11.2022 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2022.11.24 17:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh