HABIB SAIKH Vs. UNION OF INDIA & ORS
LAWS(CAL)-2017-12-109
HIGH COURT OF CALCUTTA
Decided on December 12,2017

Habib Saikh Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Patherya, J. - (1.) This appeal is directed from the order dated 29th January, 2016. W.P.29341(W) of 2015 was filed by the appellant seeking therein the following reliefs: " a) issue a writ of and/or in the nature of mandamus commanding the Respondents and/or its men and agent to set-aside, cancel and/or rescind the Order dated 22.09.2015 passed by DIG/ PSO for IG BSF/SBFTR and also the Order dated 30.08.2013 vide Memo No.Pers/214(CF-HS)/SHQ BHP/2013/9401-28 passed by the Deputy Inspector General, SHQ BSF, Berhampore (Annexure 'P-11' herein) whereby directed inter alia that the Petitioner be dismissed from the Service work in effect 30.08.2013. b) issue a writ of and/or in the nature of mandamus commanding the Respondents and/or its men and agent to treat the period from 25.02.2013 till the date of joining as medical leave of the Petitioner and also for a direction upon the Respondents to pay all arrear dues and salary of the Petitioner till the date of joining by way of re-instatement. c) issue a writ of and/or in the nature of certiorari directing the Respondents to transmit to this Hon'ble Court all records pertaining to the instant case so that conscionable justice may be done upon perusal of the same. d) Rule NISI in term of prayer (a)(b)(c) and (d) above. e) Interim order directing the Respondent concern and/or its men and agent to re-instate the petitioner to join the duty in his regular post which he held prior to dismissal of his service. f) Interim order directing the Respondents concern and/or its men and agent to treat the period from 25.02.2013 till the date of joining as medical leave of the Petitioner and to pay all arrear dues and salary of the petitioner till the date of joining by way of reinstatement. g) Ad-interim order in terms of prayer (f) and (g) above. h) Cost of this application. i) Such other or further order or orders as Your Lordship may deem fit and proper. "
(2.) The said reliefs were based on the grounds canvassed.
(3.) Therefore, all that was needed to be addressed by the Court below was the orders dated 22nd September, 2015 and 30th August, 2013 and rightly so, the Court below, considering the reliefs sought and the grounds in respect thereof, dismissed the writ petition.;


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