Tumpa Banerjee v. Union Of India And ORS.

04.03.2024 Ct. No.38 PP/ Sws.M W.P.A. 10359 of 2023 Tumpa Banerjee -Vs.- Union of India & Ors.

Mr. Tirthankar Basu Mr. S. Basu ...for the petitioner Mr. Debapriya Gupta ...for the respondent No. 3 The grievance of the petitioner is directed against an order dated 7th December, 2022 passed by the Deputy Inspector General, SHQ, Border Security Force.

It is submitted by the petitioner that against the impugned order dated 7th December, 2022 there is a statutory appeal which the petitioner has filed before the Director General, Border Security Force having its office at Block 10, Lodhi Road, CGO Complex, Pragati Bihar, New Delhi - 110003 on 28th December, 2022. The respondent authorities are represented and submit that the instant writ petition is not maintainable and the impugned order dated 7th December, 2022 is well reasoned and warrants no interference whatsoever. However, they do not object to a direction being passed on the Appellate Authority to dispose of the appeal within a stipulated time. Accordingly, WPA 10359 of 2023 stands disposed of, by directing the Appellate Authority being the Director General, Border Security Force to dispose of the statutory appeal filed against the order dated 7th December, 2022 within a period of 8 (eight) weeks

from the date of communication of this order and after passing a reasoned order.

It is made clear that this Court has not gone into the merits of the case and the Director General, Border Security Force is at liberty to decide the appeal on merits without being influenced by any observation in this order.

Since no affidavits have been called for the allegations contained in the writ petition are denied. With the aforesaid directions, WPA 10359 of 2023 stands disposed of.

(Ravi Krishan Kapur, J.)