Court disposed of an unentertained writ petition, directing the respondent Director General, ITB Police, to decide a pending internal appeal within three months, citing the petitioner's alternative remedy.
Direct opposite party no.2 (Director General, ITB Police) to dispose of pending appeal (Annexure-10) within three months of receipt of certified order.
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W.P.(c) No.802 of 2017
09.03.2017
Heard learned counsel for the petitioner and learned Central Governmen
t Counsel.
The petitioner challenges the order of his dismissal, as at Annexure-9, passed
by the Commandant, 56 Battalion (opposite party no.3). It is borne out from the record that h
e has already preferred an appeal before the Director General, ITB Police (opposite party no.2
), as at Annexure-10. The same is still pending.
Keeping in view the fact that the petitioner has already availed the alternati
ve forum available to him, this Court is not inclined to entertain the writ petition. However,
since the appeal is pending from 23.01.2016, the writ petition is disposed of directing oppos
ite party no.2 to dispose of the appeal, as at Annexure-10, after following procedure establis
hed by law, within three months from the date of receipt of certified copy of this order along
with a copy of the brief.
The petitioner undertakes to file a certified copy of this order along with a
copy of the brief before the opposite party no.2 within fifteen days.
In case the original appeal, i.e. Annexure-10, under Rule 28 of the Indo Tibet
an Border Police Rules, 1994 is lost in transit or not available in the office, the opposite p
arty no.2 shall do well to receive copy of the brief as an appeal and dispose of the same acco
rdingly.
The writ petition is disposed of.
A free copy of this order be handed over to Mr.Bibekananda Naik, learned Centr
al Government Counsel for compliance.
Urgent certified copy of this order be granted on proper application.
S.K. Mishra, J.
Misc. Case No.13524 of 2016 Issue notice as above. Accept one set of process fee.
In the interim, it is directed that no coercive action shall be taken against
the petitioner till the next date.
Urgent certified copy of this order be granted as per rules.
W.P.(C) No.9126 of 2015 Heard in part.
Because of non-production of the document, the matter could not be taken up fo
r further hearing.
Hence, list it on 04.03.2016.
Interim order dated 11.05.2015 is extended till the next date.
A free copy of this order be handed over to Miss.Sabitri Ratho, learned Addl.
Government Advocate for compliance.
S.K. Mishra, J.
4
1 provisions across 1 enactments
Petitioner
Director General, ITB Police
Commandant, 56 Battalion
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court