Rafikul Islam v. The Union of India and 5 Ors

ORDER Date : 20.03.2024

Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC appearing on behalf of all the respondents.

¶2The petitioner while serving as Constable (GD) was issued a show cause notice on 01.03.2023 on the basis of a complaint dated 12.02.2020 made by the wife of the petitioner alleging that the petitioner has contracted a second marriage with another lady during the subsistence of the first marriage. Thereafter, a Court of enquiry was conducted and on culmination of the Court of enquiry, the Disciplinary Authority issued order dated 25th of May, 2023 by which the petitioner was retired from service with immediate effect.

¶3Being aggrieved with the order dated 25th of May, 2023 the petitioner filed Page No.# 3/3 an appeal before the Inspector General, Frontier Head Quarter, BSF, North Bengal under Section 117(2) of the BSF Act, 1964 on 12.09.2023. As the appeal was not disposed of, the petitioner made a reminder on 29.01.2024. However, the appeal filed by the petitioner on 12.09.2023 is yet to be disposed of till date.

¶4Accordingly this writ petition is disposed of directing the appellate authority to dispose of the appeal dated 12.09.2023, within a period of 1(one) month from the date of receipt of a copy of the order of this Court.

¶5Liberty is granted to the petitioner to approach this Court if further aggrieved by any orders made by the appellate authority.

¶6With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010055732024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1565/2024o RAFIKULoISLAMo S/O-oABUALoMAZID,oR/O-oSIMLABARI,oP.O.oFUTKIBARI,oP.S.oBILASIPARA,o DISTRICT-oDHUBRI,oASSAM,oPIN-o783345 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o NORTHoBLOCK,oCENTRALoSECRETARIAT,oNEWoDELHI-o110001 2:THEoDIRECTORoGENERALoOFoBORDERoSECURITYoFORCE oBLOCKo10 o5THoFLOORoGOoCOMPLEX oLODIoROAD oNEWoDELHI-o110003 3:THEoINSPECTORoGENERALoOFoBORDERoSECURITYoFORCE oFRONTIER oHEADoQUARTERoNORTHoBENGAL oDARJEELING oWESToBENGAL oPIN-o734011 4:THEoDEPUTYoINSPECTORoGENERAL oBORDERoSECURITYoFORCE oSECTORoHEADoQUARTER oKISHANGANJ oBIHAR oPIN-o8551074 5:THEoCOMMANDANT o175oBNoBORDERoSECURITYoFORCE Page No.# 2/3 KHAGRA CAMP KISHANGANJ BIHAR PIN- 855107 6:THE ASSISTANT COMMANDANT (MIN) KHAGRA CAMP KISHANGANJ BIHAR PIN- 85510 Advocate for the Petitioner : MR. J AHMED Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR