Patil Shivaji Madhukar vs Border Security Force

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2023 Supreme(Del) 2606

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Patil Shivaji Madhukar – Appellant
Versus
Border Security Force – Respondent
W.P.(C) 10162 of 2023
Decided On : 09-08-2023

Important Points

Timely resolution of statutory appeals under the Border Security Force Act is crucial, and the court has the authority to direct the Competent Authority to ensure timely decisions.

Subject

Administrative Law - Statutory Appeals

Headnote

Appeal - Border Security Force Act - The court directed the Competent Authority to decide the statutory appeal filed by the petitioner under Section 117(2) of the Border Security Force Act within a period of six weeks.

Fact of the Case:

The petitioner sought a direction to the respondent to decide the statutory appeal filed under Section 117(2) of the Border Security Force Act against conviction and sentence passed by the General Security Force Court.

Finding of the Court:

The court disposed of the petition by directing the Competent Authority to decide the statutory appeal within a period of six weeks.

Issues: The issue was the delay in deciding the statutory appeal filed by the petitioner under the Border Security Force Act.

Ratio Decidendi: The court emphasized the importance of timely resolution of statutory appeals and directed the Competent Authority to ensure a decision within a specific timeframe.

Final Decision: The final decision was to dispose of the petition and direct the Competent Authority to decide the statutory appeal within six weeks.

Advocates appeared:
Mr. S.S. Hooda, Mr. Aayushman Aeron and Mr. Ashutosh Kumar, Advocates, for the Petitioner.
Mr. Anshuman Singh, CGSC with Ms. Abshekya, GP, for the Respondents.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

CM APPL. 40758/2023(early hearing)

1. Issue notice. Notice is accepted by learned counsel for the respondents.

2. For the reasons stated in the application. Application is allowed.

3. The petition is taken up for consideration for today.

W.P.(C) 10162/2023

4. Issue notice. Notice is accepted by learned counsel for the respondents.

5. Petitioner seeks a direction to the respondent to decide the statutory appeal filed by the petitioner under Section 117(2) of the Border Security Force Act preferred by the petitioner against conviction and sentence passed by the General Security Force Court.

6. Learned counsel for the respondent under instructions submits that the appeal is pending before the Competent Authority and assures that the same shall be decided within a period of six weeks from today.

7. In view of the above, this petition is disposed of directing the Competent Authority to decide the statutory appeal within a period of six weeks. The order on the appeal be communicated to the petitioner.