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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Gaurang Kanth, JJ.
Kiran Kumar – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 3786 of 2023 & CM APPL. 18435 of 2023
Decided On : 17-04-2023
Mandamus - Statutory Petition - The court dismissed the petition seeking a writ of Mandamus to adjudicate post-confirmation statutory petitions and applications under the BSF Act, 1968 as the relief sought had already been satisfied by the respondents.
Fact of the Case:
The petitioner sought a writ of Mandamus to direct the respondents to adjudicate post-confirmation statutory petitions and applications under the BSF Act, 1968. The petitioner claimed that the relief sought had already been satisfied by the respondents.
Finding of the Court:
The court dismissed the petition as infructuous, stating that the relief sought had already been satisfied by the respondents.
Issues: The main issue was whether the relief sought in the petition had already been satisfied by the respondents, rendering the petition infructuous.
Ratio Decidendi: The court found that the relief sought in the petition had already been satisfied by the respondents, leading to the dismissal of the petition as infructuous.
Final Decision: The court dismissed the petition as infructuous, as the relief sought had already been satisfied by the respondents.
JUDGMENT (Oral)
Vide Notification No. 1114/G-4/Genl.-I/DHC dated 12.04.2023, this Court declared Holiday on 14.04.2023 on account of birthday of Dr. B.R. Ambedkar, the matters listed on 14.04.2023 are being taken up today i.e., 17.04.2023.
1. Vide the present petition, the petitioner seeks following relief:
"a.) Issue a writ of Mandamus or any other appropriate writ, order or direction thereby directing the Respondents to adjudicate the post-confirmation statutory petition dated 07.03.2023 preferred under Section 117(2) of the BSF Act, 1968 R/w Rule 167 of the BSF Rules, 1969, petition dated 07.03.2023, under Section 130 of the BSF Act for suspension of sentence and an Application dated 07.03.2023 under Rule 129 of the BSF Rules, 1969 for supply of the trial proceedings in a time bound manner."
2. Learned counsel on behalf of the petitioner submits that the prayer sought in the present petition has already been satisfied by the respondents. Thus, the present petition has become infructuous.
3. Accordingly, the present petition is dismissed being infructuous.
The main legal point established in the judgment is that a petition seeking a writ of Mandamus may be dismissed as infructuous if the relief sought has already been satisfied by the respondents.
The court emphasized the importance of timely adjudication of statutory petitions and the provision of relevant documents to ensure procedural fairness in administrative processes.
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.
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.
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.
Timely adjudication of statutory petitions under the BSF Act is essential for ensuring due process and protecting the rights of personnel.
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