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Calcutta High CourtWPA/10709/2023disposed

Khokan Mandal v. Union Of India And ORS.

2023-06-06Hon'Ble Justice Lapita Banerji2 pages

06.06.23 05 Ct. No.25 Sws.M WPA 10709 of 2023 Khokan Mandal Vs.

The Union of India & Ors.

Mr. Ziaul Islam ....for the petitioner Mr. Sauvik Nandy ...for the Union of India It is submitted on behalf of the petitioner that an order of penalty dated October 1, 2022 was passed against him by the authorities concerned of the Border Security Force (BSF). The petitioner was working as a head-constable with the BSF.

The petitioner preferred a statutory appeal dated January 20, 2023 before the Director General, BSF. The said appeal has not been considered till date. Mr. Islam, learned counsel appears on behalf of the petitioner.

Mr. Nandy, learned counsel represents the Union of India.

Considering the submissions of the parties and the materials placed on records, this Court is of the view that the statutory appeal filed by the petitioner cannot be kept pending indefinitely. In such view of the matter, let the appeal/review petition dated

January 20, 2023 be disposed of by the Director General, BSF within two months from date upon following all the necessary procedures under the BSF Act and Rules.

With the directions aforesaid WPA 10709 of 2023 is disposed of.

Since affidavits have not been invited in the present writ petition, the allegations made in the writ petition are deemed not to have been admitted by the parties.

All parties are to act on a server copy of this order downloaded from the official website of this Hon'ble Court.

Urgent certified website copies of this order, if applied for, be made available to the parties subject to compliance with all requisite formalities.

(Lapita Banerji, J)