Amiya Mandal v. Union Of India And ORS.

15.12.2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION (sanjay) Ct 21 APPELLATE SIDE WPA 11324 of 2022 Amiya Mandal Vs.

Union of India & Ors.

Mr. Mahadeb Ghosh, Mr. Nandadulal Bandyopadhyay, Mr. Pritam Ghosh .... for the petitioner. Mr. Anirban Mitra ... for the Union of India. The petitioner worked as a Constable (GD) with the Border Security Force (in short, BSF). The petitioner was removed from service by an order dated March 31, 2022 issued by the Commandant, 148 Bn. The petitioner filed an appeal from the said order of punishment on April 18, 2022.

The instant writ petition was filed on June 17, 2022 alleging that the appeal of the petitioner was not disposed of despite passing of two months.

Mr. Ghosh, learned counsel appearing on behalf of the petitioner submits that the appeal has been disposed of by an order dated November 30, 2022. A copy of the appellate authority's order as handed over in Court is retained with the records.

In the circumstances, nothing further remains to be adjudicated in the writ petition.

Mr. Mitra, learned counsel appears on behalf of the Union of India.

Accordingly, WPA 11324 of 2022, is disposed of. Needless to mention, if the petitioner has a fresh cause of action upon issuance of the order passed by the appellate authority he may take appropriate steps, in accordance with law, if so advised.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)