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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 said Act for imposition of punishment of dismissal from service in respect of the offences specified in Section 19 of the said Act.9. The plaintiff-appellant filed the instant appeal on special leave against the said judgment and

Atul Yadav Vs. Union of India and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 8; Border Security Force Rules, 1969 - Rule 19, 19(1) and 19(2)

Reported in : 2002(5)SLR618

India through proper channel for acceptance of his resignation from service in terms of Section 8 of the Border Security Force Act, 1968 read with BSF Rules, 1969 (hereinafter referred to as the said Act and Rules). In response to the … Takanpur. The petitioner was relieved from the said Academy on 29th August, 2001 and directed to report to 191 Bn BSF vide movement order dated 29th August, 2001 but failed to joint duty.2. The petitioner on 10-10-2001

Yash Paul Vs. Union of India (Uoi)

Court : Jammu and Kashmir

Subject : Service

Acts : Constitution of India - Article 226; ;Border Security Force Act, 1968 - Section 19; ;Border Security Force Rules - Rule 45

Reported in : 2004(2)JKJ401

of salary etc. The main ground of challenge in the petition is that the procedure prescribed under the Border Security Force Act, 1968 and the rules framed there-under has not been followed. In as much as the petitioner was not provided … allegations of non-observance of the procedure prescribed under rules, it is stated that the petitioner was charged under section 19(b) of the Border Security Force Act, 1968 for over-staying the leave without any sufficient cause. He was

Ex.-const. Driver Bhagirath Singh, S/O Sri Budhi Ram Vs. Union of Indi ...

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 19 and 40; Border Security Force Rule - Rules 45 and 63

Reported in : 122(2005)DLT134; 2005(83)DRJ37

water while undergoing rigorous imprisonment was disproportionate is the point for consideration in this petition.2. The petitioner joined Border Security Force as Constable on 1st March, 1990 at BSF, STC Jodhpur. He was posted at SHQ BSF, Siliguri with … and voluntarily reported for duty after 31 days. He was consequently tried summarily under Section 19(a) of BSF Act, 1968 and awarded punishment of 14 days RI in the forced custody on 5th September, 1997. He was sent

Barad Kesar Bhai Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Family

Acts : Border Security Force Act, 1968 - Sections 19; Border Security Force Rules - Rule 22 and 22(2)

of a disciplinary measure was allowed to the petitioner in the present case.6. Under the provisions contained in Section 19 of the Border Security Force Act, absence without leave is an offence for which a Security Force Court … a report was submitted recommending that the petitioner be declared a deserter and disciplinary action as per the Border Security Force Act and the Rules be taken against him. On receipt of the report of enquiry as aforesaid, the Commandant … the Appellate Authority under the provisions of the Border Security Force Act, 1968.4. I have heard Sri R.L. Yadav, learned counsel appearing for the petitioner

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 … and at the most it can be a case of absence without leave falling within the purview of Section 19 of the Act.21. The charge against the petitioner is that he absented at 1630 Hrs on 28. 5.

Jitender Singh (Ex. Head Const) Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 10, 12, 19 and 122; Border Security Force Rules, 1969 - Rules 14, 20, 22, 22(2), 22(3), 22(4) and 28A and 177; Constitution of India - Article 226

Reported in : 2009(93)DRJ108

writ petition is disposed of in the above terms, while leaving the parties to bear their own costs. Border Security Force Act, 1968Section 12 - Border Security Force Rules--1969--Rules 28A and 177--Dismissal for overstaying from leave--Administrative order--No enquiry conducted--Non compliance … leaving the parties to bear their own costs. Border Security Force Act, 1968Section 12 - Border Security Force Rules--1969--Rules 28A and 177--Dismissal for overstaying from … and the authorities have failed to apply their mind to this most pertinent aspect of the case.8. Under Section 19(a) of the BSF Act, 'absent without leave' is an offence which on conviction by a Security Force Court

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

Court : Rajasthan

Subject : Service

Reported in : 2000(2)WLN635

the appellant is that mens rea is a necessary ingredient of the offence under Section 40 of the Border Security Force Act, 1968. Section 40 reads:40. Violation of good order and discipline-Any person subject to this Act who is guilty of any … N.N. Mathur, J.1. This appeal is directed against the judgment of the learned Single Judge dated April 17, 1998, dismissing the writ petition filed by the appellant-writ petitioner, hereinafter referred-to as the petitioner' seeking direction to quash

Chokha Ram Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 19, 21, 21(1), 21(2) and 22; Border Security Force Rules, 1969 - Rules 48, 48(3), 49(3), 51, 59 to 64, 142(1), 142(2) and 157

Reported in : 110(2004)DLT268; 2004(73)DRJ450; 2004(3)SLJ44(Delhi)

all subjected to any cross-examination on behalf of the petitioner. 8. In terms of Section 21 of the Border Security Force Act, 1968, where any person subject to the Act who disobeys in such manner as to show a willful defiance … international border. He, however, did not comply with that order. On 12th of February, 2002, Shri S.K.Wadhwa, Commandant, 19 Bn. BSF ordered record of evidence against the petitioner for disobedience to his superior officer's command, which amounted

Union of India (Uoi) and ors. Vs. Ashok Kumar and ors.

Court : Supreme Court of India

Subject : ServiceCivil

Acts : Border Security Force Act, 1968 - Sections 10; Army Act, 1959 - Sections 19; Army Rules, 1954 - Rule 14; Border Security Force Rules, 1969 - Rules 20, 20(1), 20(2), 20(3), 20(4) and 20(5); Government of India (Allocation of Business) Rules, 1961 - Rule 2; Transaction of Business Rules, 1961 - Rule 8

Reported in : AIR2006SC124; [2005(107)FLR840]; JT2005(12)SC515; 2005(8)SCALE397; (2005)8SCC760; 2006(1)SLJ312(SC)

peculiar circumstances of the case, parties are directed to bear their respective costs. Service - Competent Authority - Border Security Force Act 1968, Section 10; Border Security Force Rules 1959, Rules 20(4), 20 (5); Government of India (Allocation of Business) Rules 1969 … otherwise the expression 'as the case may be' would be rendered surplus and meaningless. Reference was made to Section 19 of the Army Act, 1959 (in short 'Army Act') and Rule 14 of the Army Rules 1954 (in