HARISH CHANDRA JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petition, the petitioner, inter-alia has prayed for the following reliefs:-

(2.) Brief facts necessary for the adjudication of this writ petition are that the petitioner, who was serving as Head Constable with the 17thBattalion of Indo Tibetan Border Police, was sent to the Transit Camp at Jeori on 27/4/2008, after lunch, with the platoon of C.M. of 17thbattalion, selected for Karnataka Election Duty. The petitioner was found absent during the roll call before departure of platoon, which was a punishable offence. Another misconduct attributed to the petitioner was that on the morning of 18/5/2008, the petitioner was found wandering in drunken condition during State Election Duty (Active Duty) in District Badar, Karnataka. The above two omissions/misconduct in terms of order dtd. 17/10/2008 were punishable offences in terms of Sec. 21D and Sec. 29 of the ITBP Act, 1992 respectively. Vide order dtd. 17/10/2008, the petitioner was compulsorily retired from service. Feeling aggrieved by the said order, the petitioner preferred a statutory appeal, copy whereof, is appended with the petition as Annexure P-11. This appeal, as per the petitioner, was disposed of vide Annexure P-12, dtd. 27/2/2009 by the Appellate Authority by a completely non-speaking order. Learned counsel has thus submitted that as the order passed by the Appellate Authority frustrates the very purpose of filing an appeal, being a non-speaking order, therefore, interest of justice would be served in case this writ petition is disposed of by setting aside order dtd. 27/2/2009 (Annexure P-12) and by directing the Appellate Authority to decide the appeal filed by the petitioner afresh after giving him an opportunity of being heard.

(3.) Learned counsel appearing for the respondents has submitted that the initial order dtd. 17/10/2008 is self- speaking and in fact, there was no necessity for the Appellate Authority to give elaborate reasons while dismissing the appeal, because, the Appellate Authority was concurring with the view taken by the Disciplinary Authority. Accordingly, it has been submitted that as there is no merit in this petition and the same be dismissed.