CHALLANG M. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The writ petitioner herein is aggrieved by the impugned order dtd. 15/1/2021 passed by the Commanding Officer, Special Force-10, where it is alleged that the order had been passed by the incompetent authority.

(2.) Mr. S. Dey, learned counsel for the petitioner contends that in the earlier round of litigation, this Court vide order dtd. 10/12/2020 passed in WP(C) No. 399 of 2020, had directed the respondent No. 2 to decide the petitioner's representation dtd. 11/9/2018 expeditiously and for the petitioner to present himself before the said respondent on 21/12/2020. Learned counsel further submits that the writ petitioner accordingly complied with the directions of this Court. The petitioner presented himself before the Commanding Officer and the representation was taken up for consideration as directed by this Court. However, the order of disposal of the representation has been passed by a different officer and not by the officer to whom he had presented the same. In view of the matter, the learned counsel submits that the directions as contained in the order dtd. 10/12/2020 have not been carried out, and prays that the representation be decided afresh by the competent authority.

(3.) Mr. B. Bhattacharjee, learned AAG assisted by Ms. I. Lyngwa, learned GA for the State respondents has produced a communication dtd. 11/10/2021 wherein at para-4, the said contentions as raised by the learned counsel for the petitioner seems to be correct and the same admitted by the respondents. The said letter is accepted and made part of the record.