SURESH KUMAR KAIT, MANMEET PRITAM SINGH ARORA
Abhishek Kumar – Appellant
Versus
Union of India Through Secretary Mha – Respondent
JUDGMENT (Oral)
CM APPL. 16127/2023
1. Vide the present application, applicant/petitioner is seeking stay on impugned order report dated 16.02.2023 passed by the Commandant 157 Bn BSF and suspension of sentence passed against him.
2. Notice issued.
3. Learned counsel for non-applicants/respondents accepts notice and submits that pursuant to impugned order dated 16.02.2023, petitioner has filed an application on 05.03.2023 for suspension of sentence, however, the same is pending for consideration before them.
4. We hereby dispose of present application by directing the respondents to decide the application dated 05.03.2023 filed by the petitioner within one week from today and decision thereof be communicated to petitioner within two days thereafter in writing with a reasoned order.
5. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his application, he may approach the appropriate forum.
W.P.(C) 4159/2023
6. Vide the present petition, petitioner prays as under:
(i) Issue a writ of Mandamus or any other appropriate writ, order or direction, thereby directing the respondent may to supply copy of the trial proceedings to the petitioner as ex
Prompt decision on application for suspension of sentence and provision of trial proceedings to the petitioner.
The central legal point established in the judgment is the application of Rule 167(2) of the BSF Rules and the court's direction to the respondents to decide the petition within a specified timeframe....
The importance of informing the petitioner about the confirmation of the suspension order and providing the option to approach the appropriate forum if aggrieved.
Court directed the Director General of BSF to expeditiously decide the petitioner's application for suspension of sentence within four weeks, without commenting on the merits of the case.
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.
Entitlement to documents and expeditious adjudication under the BSF Act.
A petitioner is entitled to access documents of disciplinary proceedings to ensure fairness in adjudication under the BSF Act.
Timely adjudication of statutory petitions and suspension of sentence under the Border Security Force 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.
The court directed timely adjudication of a statutory petition under the Border Security Force Act, ensuring procedural compliance without addressing the merits.
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