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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 … be subject to the provisions of this Act and the rules.13. Chapter III specifies the offences under the BSF Act. Section 19 of the said … 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

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 … Judge accepted the request of the BSF authorities and vide order dated 2.2.1999 transferred the custody of the accused/petitioner to BSF for trial by the

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 … envisaging that members of the Force appointed earlier shall be deemed to have been appointed under the Act.7. Chapter II of 1969 Rules deals with 'Recruitment', while Chapter III deals with 'Organisation' and in both chapters there are

Balwinder Singh Vs Union of India and ors.

Court : Delhi

Subject : Border Security Force

Acts : Border Security Force Act, 1969 - Rule 53(2) ; Sections 40, 26, 117, 53, 5575

consider the statutory position with regard to persons subjected to the Border Security Force. Section 70 of the Border Security Force Act, 1968 (BSF Act hereafter) provides the constitution of a Summary Security Force Court (`SSFC' hereafter). It is permitted under … the procedure which is to be followed by it is statutorily prescripted under Rules 133 to 161 of Chapter XI of the BSF Rules, 1969. Essential procedural safeguards have been statutorily provided so as to ensure fairness … law the extent to which any of the rights conferred by Part III of the Constitution, in their application, inter alia, to the members of

Border Security Force (B.S.F.) Vs. State of Meghalaya and ors.

Court : Guwahati

Subject : Constitution

Acts : Commissions of Inquiry Act, 1952 - Sections 2(2) and 3; Border Security Force Act, 1968 - Sections 4

exercising power under Section 141 of the Act. 16. Chapter I Sections I to 3 defines certain words. Chapter II in Sections 4, 13 enabled constitution of Border Security Force. Chapter III in Sections 14 to 47 defines … BSF vesting in the Central Government by virtue of what has been stated in Section 4 of the Border Security Force Act inasmuch as Commission of Enquiry is a fact finding body and by appointing such a Commission no control … deploy the force in any State.' 15. The BSF Act 47 of 1968 and the rules promulgated under the Act were heavily relied in support

Ex. Const. Tejbir Singh Vs. Union of India and Other

Court : Delhi

Subject : Land Acquisition

234, 235 and 236 thereof. In the case at hand, the offences complained of have arisen under the Border Security Force Act, 1968, to which, admittedly, the petitioner/accused was subject, and which forms a complete Code as regards the offences, as … trial since the nature of the charges do not conform to the requirements of Rule 53 (1) of Chapter VIII of the Border Security Force Rules, 1969 relating to charges and matters antecedent to trial. The relevant

Rama Kant Shukla Vs. Union of India and anr.

Court : Delhi

Subject : Land Acquisition

contention of the respondent on the other hand is that there is no requirement under provisions of the Border Security Force Act and Rules thereunder for the SSFC to give reasons while giving findings of guilty or not guilty and … rifle and threatened to kill Jawans present in the barrack. CHARGE - II BSF Act, 1968 Section-20 (b) USING THREATENING LANGUAGE TO HIS SUPERIOR OFFICER … accused No.860020697 Const. Rama Kant Shukla of Arty Bat (HQ1011BSF Arty Regt), Charged with: CHARGE - I BSF Act 1968, Section 20 (a) ASSAULTING HIS SUPERIOR OFFICER In that he, at 2100 hrs on 21/6/95 at Gun Area … authority is required to give personal hearing as well as reasoned findings.34. Chapter XI of BSF Rules, 1969 lays down the procedure to be followed

No.90006506 CT Gajen Gara Goyary Vs. The Union of India, Represented b ...

Court : Guwahati

Subject : Land Acquisition

the authorities. The various punishments awardable by the Security Force Court are specified in Section 48 of the Border Security Force Act, 1968 (hereinafter referred to as the BSF Act ) and apart from dismissal, other punishment options are available under … Thereafter a Summary Security Force Court Proceeding (hereinafter referred to as the Summary Court ) was started under Chapter-XI of the Border Security Force Rules, 1969 (hereinafter referred to as the BSF Rules ). The Summary Court … are represented by Ms. A. Gayan, the learned Central Govt. Counsel (CGC). 2. The petitioner was a Constable in the 57th Battalion of the Border

Headmaster, Poilkav High School, P.O. Edakkulam Quilandy Vs. Murali A. ...

Court : Kerala

Subject : Constitution

Acts : Kerala Education Rules, 1959 - Rules 6 and 10; Constitution of India - Articles 14 and 226

Reported in : AIR1995Ker21

imported. It further held that the same ratio will apply to a petition under Section 117(2) of the Border Security Force Act, 1968. It is also pointed out that Chapter XIII consisting of Rules 167 to 169 of the B.S.F. Rules … pupil, in exercise of the powers of this court under Article 226 of the Constitution.2. By Ext. P 2 show cause notice issued to the father of the student, it was proposed to dismiss the first respondent

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Subject : Service

Reported in : 2000(2)WLN635

to quash the Communication dated 10.8.1987 confirming the punishment of dismissal from service under Section 40 of the Border Security Force Act, 1968, hereinafter referred to as 'the Act'.2. The petitioner, at the material time in the year 1987, was posted … Force of the Union for ensuring the security of the borders of India and for matters connected therewith. Chapter II of the Act provides constitution of the Force and conditions of service of the members of the Forces.