Petitioner sought a writ directing the Border Security Force to decide his appeal under Section 117(2) of the BSF Act within eight weeks, despite not submitting certified copies of the trial record. The issue was addressed through a direct order.
The appeal was directed to be decided within eight weeks from the date of the order.
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$~50
Through: Mr. Soibal Gupta, Mr. Suresh Kumar and Mr. Surendra Singh, Advs.
BORDER SECURITY FORCE ..... Respondent Through: Mr. Tanveer ahmed Ansari, Sr. Panel Counsel with Mr. Hemender Singh (BSF) (Law)
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
“In the aforesaid circumstances, the petitioners most respectfully pray that this Hon'ble Court be graciously pleased to:
A. Issue writ of or in the nature of mandamus directing the respondent to dispose of petition u/s 117(2) BSF Act, 1968 dated 16.10.2023 challenging Order dated 03.08.2023 passed by the office of the Commandant, 61 BN BSF wherein finding the petitioner guilty for Charges (1) and (2) of Charge Sheet dated 24.07.2023 and sentenced him to be dismissed from the service within a period of 8 weeks;
B. Pass such further order(s) and/or direction(s) be given as to this Hon'ble Court may deem fit and proper;
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:35:45
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
FEBRUARY 06, 2024 /jg
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:35:45
2 issues framed by the court
Whether to issue a writ of mandamus directing the respondent to decide the appeal under Section 117(2) of the BSF Act, 1968.
Whether the petitioner's failure to apply for certified copies of the SSFC trial bars the decision of the appeal.
1 provisions across 1 enactments
LOKESH SINGH
BORDER SECURITY FORCE
V. KAMESWAR RAO
SAURABH BANERJEE
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
