1 CGHC010113202022 2026:CGHC:38093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2496 of 2022 * - Khamhan Das S/o Shanti Das, Aged About 33 Years R/o Village Birkoni, Tahsil Akaltara, District : Janjgir-Champa, Chhattisgarh ... Petitioner Versus 1 - Union Of India Through Secretary, Department Of Home, Ministry Of Home Affairs, North Block, New Delhi. 110001 2 - Inspector General, Border Security Force, Gujrat Frontier, BSF Compound, Chilodha Road, Gandhi Nagar (Gujrat) 3 - Commandant, 50th Battalion, Border Security Force, Nehru Nagar, Barmer (Rajasthan) ... Respondents For Petitioner : Mr. A.V. Shridhar, Advocate For Respondents : Mr. Abhishek Banjare, Central Government Counsel Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 25/08/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to call the entire records pertaining to the case of petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 26.09.2019 (Annexure P/1) and order dated 03.02.2021 (Annexure P/2). 10.3 That, this Hon’ble Court may kindly be pleased to direct the Respondent Authorities to reinstate the petitioner on duties to the post of Constable (BSF). Digitally signed by RAMESH KUMAR VATTI Date: 2026.08.25 20:38:43 +0530 2 10.4 Any other relief which the Hon’ble Court deems fit in the circumstances of the case may be given.” 2. Mr. A.V. Shridhar, learned counsel appearing for the petitioner would argue that the petitioner who was appointed on the post of Constable (GD) under the respondents was removed from the services vide order dated 26.09.2019 by the Commandant, 50th Battalion, Border Security Force. He would contend that against said order the petitioner preferred an appeal before the Appellate Authority, but said appeal has been decided by the Assistant Commandant (MIN)/ESTT for IGBSF Gujarat Frontier vide order dated 03.02.2021. He would contend that the Assistant Commandant is subordinate to the Commandant and therefore, the order passed by the said authority is erroneous and contrary to applicable service rules. He would pray to set aside the order passed by the Appellate Authority dated 03.02.2021 and further to remit back the matter to the Appellate Authority to take decision afresh. 3. On the other hand, Mr. Abhishek Banjare, learned Central Government Counsel appearing for the respondents would contend that the Assistant Commandant decided the appeal preferred by the petitioner on instruction of IGBSF Gujarat Frontier. He would submit that the appeal preferred by the petitioner was decided pursuant to directions / instructions issued by the competent authority. He would contend that this petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. It is well settled principles of law that the power conferred upon particular authority can be exercised by the authority concerned alone 3 and such power cannot be delegated. If the power is vested with the Inspector General of Border Security Force to decide a departmental appeal, such power cannot be exercised by the Assistant Commandant who is subordinate to the disciplinary authority i.e. Commandant. The original order was passed by the Commandant, 50th Battalion, Border Security Force on 26.09.2019 and therefore certainly the appeal could have been decided by the Superior Authority than the Commandant. 6. Having considered the facts of the present case, without making any observation on merits of the case, this petition is disposed of and order Annexure P-2 dated 03.02.2021 is hereby quashed. The matter is remitted back to the Appellate Authority to decide appeal of the petitioner afresh by speaking order. The petitioner would be at liberty to make a fresh representation along with copy of this order. 7. With the aforesaid direction(s) / observation(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti