Sikkim High Court
WP(C)/10/2021 of Mr. Chandan Bikomiya Deori Vs Ministry of Home Affairs, Government of India and Others. on 1 November 2022
COURT OF SIKKIM: GANGTOK (Civil Extra Ordinary Jurisdiction) ----------------------------------------------------------------------------------------- SINGLE BENCH: HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
THE HIGH COURT OF SIKKIM: GANGTOK(Civil Extra Ordinary Jurisdiction)
----------------------------------------------------------------------------------------- SINGLE BENCH: HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
----------------------------------------------------------------------------------------- W.P. (C) No. 10 of 2021
Mr. Chandan Bikomiya Deori, S/o Shri Lankeswar Bikomiya Deori, Aged about 34 years, R/o Mahadevpur-I, P.O. & P.S. Mahadevpur, District Namsi, Arunachal Pradesh.
..... Petitioner
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1. Ministry of Home Affairs, Through Secretary, Government of India, Department ITBP 11 Wahini, Indo-Tibetan Border Police Force, Via 99 Force Post Office, Pin-110001.
2. The Deputy Inspector General, Indo Tibetan Border Police (ITBP), Sector Head Quarter (SHQ), Gangtok. Pin -737101. 3.The Commandant, Indo Tibetan Border Police (ITBP), Sector Head Quarter (SHQ), Gangtok.
Pin -737101.
….. Respondents.
Application under Article 226/227 of the Constitution of India.
(for issuance of Writ of or in the nature of Mandamus and or any other appropriate writ, order or direction of the like nature) appropriate writ, order or direction of the like nature)
------------------------------------------------------------------------------- Appearance:
Mr. A. K. Upadhyaya, Senior Advocate with Ms. Rachhitta Rai, Advocate for the Petitioner.
Ms. Sangita Pradhan, Deputy Solicitor General of India assisted by Ms. Natasha Pradhan, Advocate for the Respondents.
01.11.2022O R D E R (ORAL)
Bhaskar Raj Pradhan, J.
1. The petitioner has approached this court invoking its extraordinary jurisdiction to challenge the impugned order of compulsory retirement dated 25.06.2020 as well as the Department Memorandum dated 02.12.2020 holding that the appeal filed by the petitioner under Rule 28 of the Indo-Tibetan Border Police Force Rules, 1994 (ITBPF Rules, 1994) to be devoid of merit.
2. At the outset the learned Deputy Solicitor General of India appearing for the respondents submits that as the records reveal that no opportunity of hearing was granted to the petitioner at the stage of the appeal the respondents would desire to grant the opportunity to the petitioner.
3. Mr. A.K. Upadhyaya, learned Senior Counsel for the petitioner accepts this position.
4. In view of the submissions made, without going into the merits of the case, the impugned Department Memorandum dated 02.12.2020 passed by the respondent no.2 is set aside. The appeal under Rule 28 of the ITBPF Rules, 1994 shall be heard afresh by the concerned authority after giving an opportunity of hearing including opportunity to file written submissions and personal hearing to the petitioner on a convenient date after due written notice. The writ petition is disposed of accordingly.
( Bhaskar Raj Pradhan ) Judge
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