ITBP Rule 28 Appeal & Rule 29 Effective Date: 90-Day Limitation, Speaking Order, Hearing & Writ Jurisdiction

See also ITBP dismissal/removal and ITBP medical discharge.

1. Rule 28 is a statutory appeal

Rule 28 gives a person subject to the Act, other than an officer, a right to appeal against dismissal, removal or compulsory retirement to an authority higher than the one that passed the order. An officer’s appeal lies to the Central Government.

2. Ninety-day limitation

The 90-day period should be calculated from the termination of service in accordance with the rule and the effective-date framework. A delayed representation should not be assumed to be equivalent to a statutory appeal. The safest practice is to file a properly titled Rule 28 appeal within time, with proof of receipt.

3. Girwar Singh v. DG, ITBP

On 22 January 2025 the Punjab & Haryana High Court disposed of Girwar Singh v. Director General, ITBP by relegating the petitioner to the statutory Rule 28 remedy and directing expeditious disposal. The order reinforces the practical importance of exhausting the appeal before invoking writ jurisdiction in an ordinary termination dispute.

4. Chandan Bikomiya Deori v. MHA

In Chandan Bikomiya Deori v. Ministry of Home Affairs, Sikkim High Court, 1 November 2022, the Rule 28 appellate order was set aside because no opportunity of hearing had been granted; the appeal was directed to be heard afresh with written submissions and personal hearing. The case is useful when the appellate process becomes a mechanical endorsement.

5. Appellate authority must deal with real grounds

A meaningful appeal should challenge competence, procedure, evidence, proportionality, medical findings where relevant, limitation and the legal provision invoked. The appellate authority should show application of mind to the material grounds rather than merely reproduce the disciplinary order.

6. Rule 28(3): consequences when termination is set aside

Where the appellate authority sets aside dismissal, removal or retirement, Rule 28(3) requires appropriate orders concerning the period of absence from duty. Reinstatement therefore does not end the matter; back wages, regularisation, continuity, seniority and pension consequences must be addressed.

7. Rule 29 effective-date issues

The effective date of dismissal, removal, discharge or retirement matters for salary, limitation, pension and continuity. Counsel should compare the date of the order, date of communication and the effective date specified under Rule 29 instead of assuming they are identical.

8. When can writ jurisdiction still be invoked directly?

Alternative remedy is ordinarily important but not an absolute bar. Direct writ review may still be invoked in recognised exceptional situations such as lack of jurisdiction, patent violation of natural justice, challenge to vires, or circumstances where the statutory remedy is demonstrably ineffective. The pleading should explain the exception rather than ignore Rule 28.

9. Appeal drafting checklist

• identify Rule 28 expressly;
• state termination and communication dates;
• calculate 90 days;
• annex the impugned order and relied-on proceedings;
• raise each procedural and merits ground separately;
• seek interim relief if legally necessary;
• ask for personal hearing where appropriate;
• seek consequential orders under Rule 28(3).

10. Documents

• termination order;
• proof/date of service;
• charge/inquiry/medical record;
• Rule 28 appeal with receipt;
• appellate hearing notice;
• appellate order;
• Rule 29/effective-date communication;
• pay and service record for consequential relief.

11. FAQ

Can a writ petition be filed without Rule 28 appeal?

Sometimes, but ordinarily the statutory appeal should be exhausted unless a recognised exception to the alternative-remedy rule is clearly available.

What if the appellate authority sets aside dismissal?

It must also deal with the treatment of the intervening period under Rule 28(3).