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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
KIRAN KUMAR – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
1. Present petition has been filed seeking directions to the respondents to adjudicate the statutory petition dated 20.12.2022 filed by the petitioner under Section 117(1) of the BSF Act read with Rule 167 of the BSF Rules and confirm the sentence in a time bound manner.
2. The brief facts of the case are that the petitioner joined the BSF on 01.06.2002 on the rank of Constable. A complaint was filed against the petitioner on 26.11.2019 by the prosecutrix for illegal blackmailing and false promise of marriage wherein the General Security Force Court trial proceedings were conducted under Sections 376/468 IPC and the petitioner, vide order dated 29.06.2022, was found guilty and was imprisoned for a period of two years with dismissal from service.
3. Thereafter, on 20.08.2022, petitioner preferred a pre-confirmation statutory petition under Section 117 (1) of the BSF Act, read with Rule 167 of the BSF Rules. Since it was not decided, a writ petition was filed by the petitioner for time bound adjudication. The same was disposed of with the direction to adjudicate the statutory petition within six weeks. The petitioner was tried for revision trial before the GSFC and the GSFC e
The court can issue a writ of mandamus to direct the adjudication of a post-confirmation statutory petition under the BSF Act, 1968 within a reasonable time frame.
The court directed timely adjudication of a statutory petition under the Border Security Force Act, ensuring procedural compliance without addressing the merits.
Entitlement to documents and expeditious adjudication under the BSF Act.
The court emphasized the importance of timely adjudication of statutory petitions and the provision of relevant documents to ensure procedural fairness in administrative processes.
A petitioner is entitled to access documents of disciplinary proceedings to ensure fairness in adjudication under the BSF Act.
Timely adjudication of statutory petitions under Section 117(2) of the BSF Act, 1968 is essential, and the court has the authority to direct the respondents to adhere to a specified timeline.
Timely adjudication of statutory petitions and suspension of sentence under the Border Security Force Act.
Timely adjudication of statutory petitions under the BSF Act is essential for ensuring due process and protecting the rights of personnel.
The court has the authority to direct the respondent to decide on petitions for suspension of sentence within specified timelines, especially when rigorous imprisonment is involved.
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