High CourtsSingle Bench(2022) 02 KL CK 0055

Shiju C vs Union Of India

High Court Of Kerala · Decided on 7 February 2022

HON’BLE JUDGES
Murali Purushothaman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 3892 Of 2022

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Judgment

16 paragraphs · 267 words

Murali Purushothaman, J

1.

The petitioner was working as Constable in Border of Security Force. Pursuant to Ext.P1, he was dismissed from the service of Border of Security

Force. The petitioner submits that the petitioner has preferred a statutory appeal under Rule 28 A of the Border of Security Rules, (for short 'the

Rules') before the 2nd respondent. The petitioner further submits that by Ext.P2, he had also sought for copies of certain documents leading to

issuance of Ext.P1 order. By Ext.P3, the 2nd respondent has replied that the copies of the documents can be had from the officer mentioned therein

and on receipt of the copies of the documents requested by the petitioner, the petitioner will have to file fresh petition, within one month from the date

of receipt of the documents.

2.

Heard learned Counsel for the petitioner and Sri.Daya Sindhu Sreehari, learned CGC.

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3.

Having regard to the submissions made by the Counsel on both sides, this writ petition is disposed of directing the competent among the respondents

to provide legible and readable copies of documents requested in Ext.P4, within one month, to enable the petitioner to prefer fresh statutory

petition/appeal under Rule 28A of the Rules. The petitioner shall prefer appeal/petition within one month from the date of receipt of the said

documents and the 2nd respondent shall dispose of the appeal within a period of three months thereupon, after affording an opportunity of hearing to

the petitioner, either physically or virtually.

The writ petition is disposed of with the above directions.

Needless to say, writ appeal fails, accordingly it is dismissed.