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Gouranga Chakraborty Vs. State of Tripura and anr.

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Border Security Force Act, 1968 - Sections 11(2), (4), 19, 48, 59 and 141; Border Security Force Rules, 1969 - Rules 6 and 177; Constitution of India - Article 311

Reported in : AIR1989SC1321; JT1989(Suppl1)SC86; 1989(1)SCALE793; (1989)3SCC314; [1989]2SCR271; 1989(2)LC252(SC)

dismissed from service by the Commandant by order dated January 5, 1972 in accordance with the provisions of Border Security Force Act, 1968 and the Rules framed thereunder.6. The Munsiff held that the plaintiff was given reasonable opportunity before the Commandant … the Constitution of India as no opportunity of hearing was given and the procedural safeguards as contained in Chapters VII to XI of the Rules were not followed for arriving at a decision of guilt against the … passed by Commandant under Section 11(2) of the Act read with Rule 177 of the Rules of 1969 cannot be upheld. It was also held

Babu Joseph Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Constitution

Acts : Border Security Force (Subordinate Officers and Under Officers Promotion and Seniority) Rules, 1975 - Rules 7, 8, 9, 13(2), 18(2), 19(1), 20, 119(1) and 129; Central Reserve Police Force Rules, 1955 - Rules 123, 124, 125, 136(5) and 136(6); Central Reserve Police Force (Amendment) Rules, 1967 - Rule 118; Constitution of India - Articles 14 and 16; Border Security Force Rules, 1969 - Rule 14A(2)

Reported in : 1990MPLJ417

and it is necessary, therefore, to state clearly the position in that regard at the very outset. The Border Security Force Act, 1968, for short, 1968 Act, takes care to indicate vide section 142(1) the fact of prior existence of the … Rules, 1967 were applicable to the members of the B.S.F. comprising the Subordinate Officers, Under Officers and Constables. Chapter XV was inserted in the 1955 Rules, captioned 'Special Provisions Relating to the Border Security Force'. This Chapter … To witrespondent No. 7 (A. R. Patel) was appointed as Sub-Inspector on 17-11-1967 and promoted as Inspector on 5-1-1971 and as Assistant Commandant on 16-6-1976;

Chanchal Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force Rules - Rule 142 and 142(2); ;Border Security Force Act - Sections 18(1) and 80

Reported in : 2003(3)JKJ381

dismissed from service vide the impugned order dated 18.11.1999. This punishment was imposed under section 18(1) of the Border Security Force Act 1968. As far as the commission of offence under Section 376/452 RPC is concerned, the authority i. e. the … of the Act by the Commandant. The procedure adopted by the Summary Security Force Court is prescribed in Chapter IX. Rule 142 deals with general plea of 'Guilty' or 'Not Guilty'. Rule 142 of the Border Security … where the accused was posted at the relevant time issued charge-sheet dated 17. 2. 1999.2. Petitioner was also ordered to be kept under close arrest

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 13; Constitution of India - Article 226; Border Security Force Act, 1969 - Rules 45 and 46

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

a person subject to the Border Security Force Act 1968 (for short 'the Act') is dealt with under chapters V to VII of the Rules. For the present case the relevant chapter is VII and commence with … matter on merits. Investigation into an offence alleged to have been committed by a person subject to the Border Security Force Act 1968 (for short 'the Act') is dealt with under chapters V to VII of the Rules. For the present … did by making an application under Rule 52 in the prescribed form. 17. According to the Rules, once the General Security Force Court is convened,

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

appellant.27. In the said view of the matter, these appeals fail and thesame are dismissed. Service Law - Border Security Force Act, 1968 - Sections 52, 53, 75, 77 and 81 - B. S. F. Rules - 41, 45B, 51A, 53, … not in fact initiated a trialas contemplated under the above rule.22. Rules 53(2) to 106 which falls in Chapter 8 and 9 of theRules provides for procedure to be followed when a competentofficer decides to refer the … an offence of desertion or for any of theoffences mentioned in Section 17 or shall affectthe jurisdiction of a criminal court to try anyoffence triable

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as … applies to a petition under Section 117(2) of the Act also. We may also point out here that Chapter XIII consisting of Rules 167 to 169 of the BSF Rules deals with petitions filed under Section 117 … the principle of natural justice has to be read in this Rule. 17. In our opinion, the proceedings in the present case have clearly complied

In Re: for Stay (Can 6546/05)

Court : Kolkata

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as … applies to a petition under Section 117(2) of the Act also. We may also point out here that Chapter XIII consisting of Rules 167 to 169 of the BSF Rules deals with petitions filed under Section 117

Bhanwara Ram Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 113, 114 and 115; CCS(CCA) Rules, 1965 - Rule 15(2); Board Security Force Rules, 1969 - Rule 160

and perused, the records. 6. Admittedly, for commission of civil offence as defined under Section 46 of 'the Border Security Force Act, 1968' (shortly the Act), the SSFC was assembled to enquire/try the petitioner on the charge framed and after recording … (Annexure-6). 8. Mr. Bhattacharjee, learned senior counsel appearing on behalf of the petitioner having referred the provision of Chapter VIII under the caption 'CONFIRMATION AND REVISION' of the Act submits that under Section 113 of the Act,

Baljinder Singh Vs. Union of India (Uoi)

Court : Punjab and Haryana

Subject : Service

Reported in : 2006(3)SLJ392(P& H)

decision of the Summary Security Force Court, the petitioner preferred a statutory petition under Section 117 of the Border Security Force Act, 1968 along with an application under Section 130 of the Act for suspension of the sentence imposed upon him. … hand, Summary Security Force Court proceedings are to be held in accordance with the procedure laid down in Chapter XI of the Rules. It will be apposite to refer Rules 139, 142 and 145, which read as … the destination of despatch of the said UG-cable and to apply Rule 173(8) of the BSF Rule, if need be.3. The Court of Inquiry after

Dr. Santosh Kumar Jha Vs. Central Bureau of Investigation

Court : Delhi

Subject : Land Acquisition

of the enquiry was of no legal consequence. Mr. Sinha submitted that there was no power under the Border Security Force Act, 1968 („BSF Act‟) for the BSF to have recorded the so-called confessional statement of the Appellant and it was … functioning of the BSF. It governs acts of misconduct and offences committed by the members of the BSF. Chapter III of the BSF Act deals with such offences. Section 41(e) describes one such offence when a member … conducted at the appellant‟s house in Tekanpur on 16th March 2002. On 17th March 2002, PW-29 handed over the proceedings drawn by him along with