Judgment :

Amrita Sinha, J.

1. The order passed by the Deputy Inspector General (PSO), South Bengal Frontier, Border Security Force dated 23rd June, 2023 affirming the order of dismissal dated 4^th February, 2023 passed by the disciplinary authority against the petitioner is impugned in the instant writ petition.

2. Submission of the petitioner is that the appellate authority lacked the jurisdiction to either decide or pass any order in the appeal preferred by him. Malice both in law and in fact has been pleaded. Prayer has been made to set aside the impugned order of dismissal and the affirmation thereof and to reinstate the petitioner in service with all consequential benefits.

3. It has been submitted that the documents relied upon by the authority, especially the proceeding of the Court of Inquiry, were never supplied to the petitioner. He was not aware of the contents of the said documents. Violation of principle of natural justice has been alleged.

4. It has been contended that though the petitioner produced documents in support of not joining service immediately on completion of his leave period, the authority in hot haste passed the order of dismissal.

5. Learned advocate for the