Unsubstantiated challenge to an unidentified Board circular lacked due application of mind and led to dismissal of the appeal.

An appeal challenging an order on the supposed inconsistency of an unidentified Board circular with the statutory rules was held unsustainable because the circular was neither filed nor identified on record. The challenge proceeded on bare assertion without the material necessary for examination, showing a lack of due application of mind. In those circumstances, the proceeding was treated as frivolous and the appeal was dismissed as not maintainable on the facts presented.

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Issues: Whether the appeal was liable to be dismissed as frivolous and for non-application of mind where the appellant challenged the order on the alleged inconsistency of an unidentified Board circular with the statutory rules, without filing the circular or giving any reference to it.

Analysis: The appeal proceeded on a bare presumption that a Board circular was contrary to the statutory provisions. However, neither the circular nor any identifying particulars were placed on record. In the absence of the material relied upon, the challenge could not be properly examined. Filing an appeal on such an unsubstantiated footing showed lack of due application of mind and rendered the proceeding frivolous.

Conclusion: The appeal was not maintainable on the facts presented and was dismissed.

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