KIRAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Present petition has been filed seeking directions to the respondents to adjudicate the statutory petition dtd. 20/12/2022 filed by the petitioner under Sec. 117(1) of the BSF Act read with Rule 167 of the BSF Rules and confirm the sentence in a time bound manner.

(2.) The brief facts of the case are that the petitioner joined the BSF on 1/6/2002 on the rank of Constable. A complaint was filed against the petitioner on 26/11/2019 by the prosecutrix for illegal blackmailing and false promise of marriage wherein the General Security Force Court trial proceedings were conducted under Ss. 376/468 IPC and the petitioner, vide order dtd. 29/6/2022, was found guilty and was imprisoned for a period of two years with dismissal from service.

(3.) Thereafter, on 20/8/2022, petitioner preferred a pre-confirmation statutory petition under Sec. 117 (1) of the BSF Act, read with Rule 167 of the BSF Rules. Since it was not decided, a writ petition was filed by the petitioner for time bound adjudication. The same was disposed of with the direction to adjudicate the statutory petition within six weeks. The petitioner was tried for revision trial before the GSFC and the GSFC enhanced the sentence to 10 years from 2 years with dismissal from service vide its order dtd. 28/11/2022.