Indian Kanoon - Search engine for Indian Law

4. It is the case of the petitioner, that the petitioner, on 30th and 31st March, 2021 approached the Confirming Authority under Section 131(1) of the ITBP Act, seeking annulment of the trial with respect to twelve charges aforesaid as barred by time as well as seeking annulment of the proceedings on the ground of absence of jurisdiction and impugning the order dated 23rd March, 2021 of the Convening Authority, but the Confirming Authority has inspite of nearly four months having elapsed, not decided the said petitions dated 30th and 31st March, 2021 of the petitioner.

8. We are however of the view that since the trial has already been concluded before the GFC and hearing of arguments has commenced, it is not apposite to grant stay of proceedings before the GFC at this stage when the respondents have themselves stated that the petitions dated 30th and 31st March, 2021 of the petitioner shall be decided before the GFC returns its finding / decision.

9. The petition is thus disposed of, recording the statement aforesaid of the respondents and directing the respondents to decide the petitions dated 30th and 31st March, 2021 of the petitioner under Section 131(1) of the ITBP Act and with respect to order dated 23 rd March, 2021, within four weeks and in any case, before the GFC pronounces its order / finding and to communicate the said decision to the petitioner under acknowledgment. It is further directed that the GFC to not pronounce its finding / decision for at least ten days after the decision has been so communicated to the petitioner.