AI Structured Summary
Not yet generated for this judgment
Judgment
Bhaskar Raj Pradhan, J
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.
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.
Mr. A.K. Upadhyaya, learned Senior Counsel for the petitioner accepts this position.
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.