Satyendra Kumar Bind v. Union of India & Ors.

1. Vide the present petition, the petitioner is seeking following reliefs: “a.) Issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondent DG BSF, to adjudicate the post-confirmation statutory petition dated 29.10.2022 preferred under Section 117(2) of the BSF Act, 1968 R/w Rule 167 of the BSF Rules, 1969 before the in a time bound manner.”

2. Learned counsel on behalf of the petitioner submits that post-confirmation statutory petition dated 29.10.2022 under Section 117(2) of the BSF Act, 1968 read with Rule 167 of the BSF Rules, 1969 has been preferred by the petitioner against the findings and sentence of the General Security Force Court held from 14.03.2022 to 22.04.2022 and the Orders of NEUTRAL CITATION NUMBER: 2023:DHC:1995-DB W.P.(C) 2934/2023 Confirmation and Promulgation dated 27.07.2022 and 30.07.2022 respectively.

3. It may be noted that despite a lapse of more than four months, the said post-confirmation statutory petition dated 29.10.2022 has not been adjudicated by the respondent No. 2/Director General, BSF.

4. Learned counsel on behalf of the respondents submits that a number of such petitions are pending with the respondent No. 2 due to the reason that the Director General, Central Reserve Police Force has been given the additional charge of Director General, Border Security Force/respondent No. 2.

5. Accordingly, we hereby dispose of the present petition directing the respondent No. 2 to decide the said post-confirmation statutory petition of the petitioner within four weeks from today.

6. The decision, so taken, shall be communicated to the petitioner in writing within one week thereafter.

7. Accordingly, the present petition is disposed of.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MARCH 20, 2023 S.Sharma