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2024 Supreme(Cal) 1133

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Sanjay Jaiswal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shambhunath Ray Ms. Amrita Tewari Ms. Tuhina Parvin Ms. Munmun Das
For the Respondent: Mr. Debapriya Gupta Mr. Sourav Mondal

JUDGMENT :

DEBANGSU BASAK, J.

1. Appeal is at the behest of a writ petitioner and directed against an order dated January 24, 2024 passed in W.P.A. No. 11780 of 2021. Appellant as the writ petitioner assailed the order dated April 26, 2021 passed by the DIG/PSO for Inspector General, Ftr HQ BSF, Meghalaya, confirming an order of dismissal from service of the appellant passed by the Commandant, 11th Battalion of BSF at Shillong, in the writ petition. By the impugned order the writ petition of the appellant was dismissed.

2. Learned advocate for the appellant submits that the, appellant was unfairly treated by the authorities. He refers to the earlier order of dismissal from services and submits that, the same was set aside by the High Court. Authorities failed before the Supreme Court also. He submits that, the authorities although allowed the appellant to rejoin his duties, did not take into account the medical condition of the appellant and his wife while passing the fresh order of dismissal from services. He refers to the conduct of the parties and the orders of the writ Court passed from time to time.

3. Learned advocate appearing for the appellant refers to Rule 173 of the Border S

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