Page No.# 1/5 GAHC010238402024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6319/2024 LAXMAN MANDAL SON OF SRI BHOLANATH MANDAL, R/O- CHAMAGRAM, 17 MILE, CHAMAGRAM MALDAH, P.O.- CHAMAGRAM, P.S.- KHEJURIGHAT, DIST.- MALDAH, WEST BENGAL, PIN- 732127. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CABINET SECRETARIAT, RAISINA HILLS, NEW DELHI- 110001, INDIA. 2:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO.- 10 CGO COMPLEX LODHI ROAD NEW DELHI PIN- 110003. 3:THE ADDITIONAL DIRECTOR GENERAL HQR SPL DG BSF (EC) KOLKATA WEST BENGAL KOLKATA 700062. 4:THE CHIEF LAW OFFICER Page No.# 2/5 LAW DTE FHQ BSF BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI PIN- 110003. 5:THE INSPECTOR GENERAL FRONTIER HEADQUARTER BORDER SECURITY FORCE GUWAHATI ASSAM GUWAHATI- 781131. 6:THE COMMANDANT 38TH BATTALION BORDER SECURITY FORCE SAKAWRTUICHHUN DIST.- AIZWAL MIZORAM PIN- 796009. 7:THE COMMANDANT HQ. M AND C FT BSF 170 BN BSF DHOLCHERA CACHAR ASSAM PIN- 788127 Advocate for the Petitioner : MR. M SARANIA, MR. P P GOGOI,MR A SARANIA,N GOGOI Advocate for the Respondent : DY.S.G.I., Page No.# 3/5 B E F O R E HON’BLE MR. JUSTICE NELSON SAILO 10.02.2025 Heard Mr. A Sarania, learned counsel for the petitioner who submits that the petitioner is aggrieved with the non-disposal of the appeal filed by him on 16.03.2024 against the confirmation of his dismissal from service and also on account of the imprisonment of the petitioner in terms of the impugned order. The learned counsel submits that the appeal is filed within time and further, the petitioner had also requested for certain documents vital for him by request Letter dated 09.09.2024. However, the same has not been provided to him. Being aggrieved, the petitioner is before this Court. [2.] It is seen that this matter was listed on 29.11.2024 and on which date, Court had granted 2 (two) weeks’ time to the learned CGC to obtain preliminary instructions in the matter and to apprise the Court as to whether the appeal preferred by the petitioner is still pending. Today, Mr. U K Goswami, learned CGC submits that as per the correspondence received by him, the respondents have sought some more time to provide him with the instructions for filing counter affidavit. The learned CGC submits that since the para-wise comments have to be prepared by the authorities concerned and has to be vetted by the Law Page No.# 4/5 Officer of the Organization, at least 8 (eight) weeks may be granted in terms of the communication. [3.] A perusal of the said communication does not show as to whether the appeal of the petitioner has been considered and disposed of and which was the instructions that was required to be taken. Having regard to the grievance projected by the petitioner, this Court is of the view that the writ petition should be disposed of at this stage with certain observation. [4.] In view of above, the respondents are directed to consider and dispose of the appeal filed by the petitioner on 16.03.2024, by passing a speaking and a reasoned order and the same shall be communicated to him. It is further provided that if the appeal dated 16.03.2024 has already been considered and disposed of in the meantime, the respondent authorities shall furnish a copy of the same to the petitioner within 10 (ten) days from the date of receipt of this order. [5.] Since the petitioner, vide Letter dated 09.09.2024 (Annexure-10), has also claimed that he has sought for certain vital documents, the authorities shall also look into the same and furnish the petitioner the requirement in accordance with law, within a time frame of 3 (three) weeks. The communication dated 18.01.2025 produced by the learned CGC shall be retained and marked as ‘X’ for Page No.# 5/5 identification. [6.] With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant