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Uttarakhand High Court · body

2016 DIGILAW 916 (UTT)

Bhagwant Singh v. Director General, I. T. B. P. Force Central Office Campus

2016-12-02

V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. Heard. 2. Delay condonation application (CLMA No. 12400 of 2016) is allowed. Delay in filing rejoinder affidavit is condoned. Rejoinder affidavit is taken on record. 3. Petitioner has approached this Court seeking the following reliefs: “(i). A writ, order or direction in the nature of certiorari quashing the impugned order dated 06.02.2015 passed by the Deputy Inspector General, North Frontier, I.T.B.P. Force, Home Ministry/Govt. of India, Seemadwar, Dehradun. (ii) A writ, order or direction in the nature of mandamus commanding the respondents to return the penalty/license fee, which has been recovered from the salary of the petitioner by way of installments, with interest to the petitioner”. 4. The contention of the learned counsel for the petitioner is that, in fact, the petitioner is a dutiful soldier and it is also his duty to follow the orders passed by the higher authorities; but, due to the reason that the father of the petitioner was sick and also due to the fact that his daughter was studying in B.Sc. first year, he required the accommodation in question and therefore, he retained the same. 5. Learned counsel for the petitioner further submits that the petitioner has already made a representation before the authorities concerned. Learned counsel further submits that the petitioner will also make a fresh detailed representation and prayed that a direction be issued to the competent authority to take decision on the representations of the petitioner. 6. Learned counsel appearing for the respondents, on the other hand, submits that in case, some order is passed by the Court issuing a direction to the authorities concerned to decide the representation of the petitioner, the same will be considered and decided by the authorities concerned, in accordance with law. 7. Having considered the submissions of the learned counsel for the parties, I dispose of the writ petition by permitting the petitioner to move a fresh representation before the respondent no. 1 within a period of one month from today. In case, such representation is moved, the respondent no. 1 shall sympathetically consider and decide the same within a period of one month from the date of submission of certified copy of the order along with representation. In the event, if the representation is decided in negative, liberty is given to the petitioner to approach this Court again.