PRABIR KUMAR MAZUMDAR Vs. UOI

JUDGEMENT

(1.) (Oral) As recent as on July 18, 2012 the writ petitioner had withdrawn W.P.(C) No.3997/2012 wherein he had laid a challenge to the promotion of Inspector G.B.Pathak to the post of Assistant Commandant by conceding that the absolute inchoate and disjunctive pleadings had not even made out a cause of action. While granting liberty to the writ petitioner to withdraw the writ petition it was indicated that the petitioner should make a statutory representation to the authorities bringing out his grievance, for the reason in the said writ petition there were no pleadings, much less supported by documents that the petitioner had questioned G.B.Pathak's induction as an Inspector in the Water Wing of BSF in view of the fact that prior to the year 2005 persons from the General Duty Cadre of BSF, who had the requisite qualifications prescribed by Administrative Orders were working in the Water Wing of BSF and in the year 2005 the BSF Water Wing Technical Cadre was formally constituted and BSF Water Wing (Group-B Combatised Technical Staff) Recruitment Rules were framed.

(2.) THE petitioner has now filed a representation as recent as July 24, 2012. But has annexed with the writ petition a legal notice sent by the petitioner on March 21, 2012 questioning Inspector G.B.Pathak's induction in the Water Wing Cadre and seniority assigned above the petitioner to which a detailed reply (Annexure P-10) has been sent by the Department on July 18, 2012 bringing out as under:-

(3.) AT this stage counsel for the petitioner seeks leave to withdraw the writ petition with right reserved to file a fresh writ petition, which we decline for the reason just about a month back we had permitted petitioner to do so and he has returned to us with another ill-drafted writ petition.