Point of Law: Period of Limitation - Right of person tried to copies of proceedings - Rule would clearly show that while an extension of period of limitation is provided for time spent in obtaining copies of proceedings of GFC at a post confirmation stage, there is no such extension granted at the pre confirmation stage.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition has been filed by the petitioner praying for the following reliefs:

“(i) Direct the respondent to provide the petitioner with the complete copies including findings of the orders dated 06.08.2021 and 10.08.2021.

(ii) Direct that the limitation period for preferring the petition under Section 131 read with Rule 168 shall be reckoned from the date on which the petitioner receives the orders dated 06.08.2021 and 10.08.2021 passed by the General Force Court.

(iii) Direct that the petitioner be relocated / transferred to any ITBP facility in New Delhi or in the NCR region for preparing his pre confirmation petition and post confirmation petition.

(iv) Direct that the petitioner will not be detained in close arrest until the post confirmation petition is disposed off.”

2. It is the case of the petitioner that the petitioner is serving as a Commandant in the Indo-Tibetan Border Police Force (hereinafter referred to as ‘ITBP’) in General Duty Cadre. Vide an order dated 28.10.2020, a General Force Court (hereinafter referred to as ‘GFC’) was ordered to be convened to try the petitioner and for the said purpose to assemble on 18.11.2020 at 39th Battalion ITBP Greater Noida. On 17.11.2020, the petitioner was ordered to be kept under open arrest at 39th Battalion ITBP, Greater Noida Campus from 18.11.2020 till completion of the GFC proceedings. The place of the GFC was later changed to the Service and Supply Battalion ITBP Saboli, Haryana vide order dated 22.04.2021. On 06.08.2021, the GFC concluded its proceedings and the petitioner was found guilty of seven charges out of the twenty charges leveled against the petitioner; seven charges were dropped and on six charges, the petitioner was found not guilty. However, copies of the findings of the GFC were not supplied to the petitioner. By an order dated 10.08.2021, the GFC sentenced the petitioner to rigorous imprisonment for one year with dismissal from services and forfeiture of all arrears of pay and allowances and other public money payable to him at the time of dismissal. However, again the copy of the reasons for the order was not supplied to the petitioner. On 10.08.2021 itself, the petitioner requested the commanding officer that the petitioner be retained at any ITBP facility in New Delhi or National Capital Region (hereinafter referred to as ‘NCR’) in order to have access to services of a legal professional for enabling him to effectively avail of the remedy under Section 131 of the Indo-Tibetan Border Police Force Act, 1992 (hereinafter referred to as the ‘Act’), however, the petitioner was transported under escort to SHQ (Lucknow) ITBP and then put under closed custody without any formal order.

3. The petitioner further asserts that on 12.08.2021 the petitioner made an application to his commanding officer for relocation to any ITBP facility in New Delhi or in the NCR so as to enable him to present a pre-confirmation petition under Section 131 of the Act against the order of the GFC. The petitioner also requested that the record of the GFC be provided to the petitioner in order to enable him to effectively avail of his statutory remedies under the Act. The petitioner made a similar request to the Director General cum Confirming Authority of ITBP on 13.08.2021. Having failed to receive any response, the petitioner filed the present petition.

4. At the outset, we may note that during the course of hearing on 24.08.2021 we were informed that the petitioner is also pursuing his remedies before the National Commission for Scheduled Castes. On being confronted that the petitioner cannot be pursuing his remedy in two different forums, the petitioner had filed an affidavit on 25.08.2021 undertaking not to assail the findings and final order of the GFC dated 06.08.2021 and 10.08.2021 before the National Commission for Scheduled Castes.

5. As far as the prayer (iv) of the petitioner is concerned, we were informed that the petitioner has since been shif