Back
SANJEEV SACHDEVA, MANOJ JAIN
Sanjeet Kumar Yadav – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks a direction to the respondents to adjudicate the post confirmation statutory petition dated 03.07.2023, preferred by the petitioner under Section 117 (2) of the Border Security Force Act, 1968 (BSF Act) as also the petition filed under Section 130 of the BSF Act for suspension of sentence and an application under Section 129 of the BSF Rules for supply of trial proceedings in a time-bound manner.
2. Issue notice. Notice is accepted by learned counsel for the respondents.
3. With the consent of parties, the petition is taken up for disposal today.
4. Learned counsel for respondents submits that the statutory petition and the petition seeking suspension of sentence are pending before the competent authority and assures that the proceedings shall be concluded and a decision taken within a maximum period of three weeks from today.
5. With regard to supply of trial proceedings, it is stated that the petitioner has not applied for the same directly but has applied through an Advocate without there being any authority letter.
6. Petition is disposed of directing the respondents to decide the post confirmation statutory petition as
Timely adjudication of statutory petitions and suspension of sentence under the Border Security Force Act.
The court has the authority to direct the Competent Authority to expedite the disposal of petitions and consider requests for suspension of sentence in accordance with the law.
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.
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.
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.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
