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Jul 29 2011

Laxman Chandra Sarkar Vs. Uoi

Court : Delhi

Decided on : Jul-29-2011

Subject : Service

Acts : Border Security Force Act 1968 - Section 21(2)

be permissible under the proviso to Sub-Rule 1 of Rule 41 of the Pension Rules. 17. No costs. Border Security Force Act 1968 - Section 21(2) - Disobedience to superior officer -- Enrolled on 20.12.1973 as a Constable (Radio Mechanic) in BSF, petitioner

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Mar 05 2004

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

Court : Delhi

Decided on : Mar-05-2004

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

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Jan 25 2008

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

Court : Delhi

Decided on : Jan-25-2008

Subject : Service

Acts : Border Security Act, 1968 - Sections 21; Border Security Force (SOs and UOs) Promotion and Seniority Rules, 1975 - Rules 5 and 21; Constitution of India - Article 226

Reported in : 148(2008)DLT267; 2008(101)DRJ207; 2008(3)SLJ388(Delhi)

Headquarter, would have lead the Respondent's to issue disciplinary proceedings against the Petitioner under Section 21 Border Security Act, 1968, which reads as under:21. Disobedience to superior officer. - (1) Any person subject to this ACT who disobeys … filing of the present writ petition may be summarized as under:3. The Petitioner was a Sub-Inspector in the Border Security Force (for short 'the BSF'). At the time of undergoing Platoon Commander (Tactics) Course (hereinafter referred to as 'PC(TAC)')

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Aug 07 2008

Rakesh Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Aug-07-2008

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 21(2), 24, 35 and 46; Army Act; Evidence Act; Border Security Force Rules, 1969 - Rules 44, 45B, 45B(1), 45B(2), 48 and 53(2); Army Rules - Rule 149; Defence Service Regulations

Reported in : 152(2008)DLT663

T.S. Thakur, J.1. The petitioner is serving as Commandant in the Border Security Force. He is facing trial by the General, Security Force hereinafter referred to as GSFC for disobedience of lawful … and for making false allegations against his superiors punishable under Sections 21(2), 24(b) and 35(a) of the BSF Act, 1968. The charges framed against the petitioner read as under:CHARGE SHEET The accused Shri Rakesh Sharma, Second-in-Command, IRLA No. … him, malingering and for making false allegations against his superiors punishable under Sections 21(2), 24(b) and 35(a) of the BSF Act, 1968. The charges framed

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May 27 2005

Sunil Kumar Misra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : May-27-2005

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 10, 11, 11(2), 11(3), 11(4), 19 and 62; ;Border Security Rules, 1969 - Rules 20, 20(1), 20(2), 20(3), 20(6), 21, 22, 22(2), 28A, 48, 49, 167, 168, 170 to 176 and 177; ;Border Security Force Rules, 1968 - Rules 20, 21, 22(2) and 177

Reported in : 2005(3)JKJ159

Dias non. This order has been challenged on the ground that no inquiry under Section 62 of the Border Security Force Act, 1968 read with rules 170 to 176 of the Border Security Rules, 1969 was held against him. He was … from duty from TAC HQ 105 Bn BSF. He was informed at his home town through letter dated 21-8-1999 to join the duties immediately, but he did not do so. On expiry of 30 days of his

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Feb 17 1999

Randhir Singh Vs. Union of India and ors.

Court : Kolkata

Decided on : Feb-17-1999

Subject : Service

Acts : Constitution of India - Articles 14, 16, 21 and 226;; Border Security Force Act, 1968 - Sections 14, 16, 17, 40, 46,47, 74, 74(1)(2), 115, 116, 117 and 167(2);; Border Security Force Rules - Rules 51(2), 142(2), 143, 143(2), 145, 147, 148, 149, 157 and 159

Reported in : (1999)2CALLT107(HC)

Admittedly the charges against the petitioner came within the purview of section 16(d) and section 46 of the Border Security Force Act which read thus :--'16. Offences punishable more severely on active duty than at other times--any person subject to … Randhir Singh of this unit has been charged with an Offences under section 16(d) and 40 of BSF Act 1968 committed on 10.3.92 at BOP Bornberia at about 21.30 hrs. left the said picauet without orders from his

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Apr 19 2004

Gorakh Nath Vs. State of J and K

Court : Jammu and Kashmir

Decided on : Apr-19-2004

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 11(2) and 62; ;Border Security Force Rules - Rules 21, 22, 22(2) and 170 to 176; ;Service Rules; ;C.C.S. Pension Rules - Rule 48, 48A, 48A(1) and 48A(2); ;Constitution of India - Article 226; ;Central Civil Services (Classification, Control and Appeal) Rules

Reported in : 2006(1)JKJ192

Counsel for the parties and have carefully gone through the record of this case.8. Section 11(2) of the Border Security Force Act, 1968 (hereinafter referred to as the 'B.S.F. Act') provides for dismissal, removal or reduction from service by an officer … 17.12.1993 at home and after recovery from the illness, he reported to the Headquarters, I.G., B.S.F., Jammu, on 21.12.1993, and submitted an application along with medical certificate for joining duty and requested to regularize the overstay period

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Nov 05 2004

Dwarika Nath Mishra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Nov-05-2004

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 11(2) and 62; ;Border Security Force Rules, 1969 - Rules 20, 21 and 177; ;Constitution of India - Article 311

Reported in : 2005(1)JKJ95

an opportunity of being heard. Again he made another representation to the Ministry of Home Affairs, Directorate General Border Security Force, Personnel Directorate Establishment Section, New Delhi, requesting for his re-instatement in explaining his miserable condition and deplorable circumstances … petitioner, at the threshold has submitted that the procedure provided under Sections 20 & 21 of the BSF Act 1968 and Rule 177 of the BSF Rules, 1969 (hereinafter for short referred to as 'the Act' and 'the

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Jun 12 2007

V.G. Pillai Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Jun-12-2007

Subject : Criminal

petition) was confirmed vide order dated 10.6.91 (Annexure-B to the writ petition) passed by the Inspector General of Border Security Force (for short BSF) Tripura, Cachar and Mizoram Frontier (Confirming Authority) and the communication being No. 6/57/97-Pet/CIO (D&L;)/BSF/O-14 dated … Security Force Court, not in criminal court, and the appellant/petitioner was charged under Section 46 of the BSF Act 1968 (for short 'the Act') for committing a civil offence that is to say committed an offence of rape, … may make rules consistent with the Code of Criminal Procedure and the Army Act, Navy and the Air Force Act and other law relating to the Armed Forces of the Union, for the time being in force. He … Bn. B.S.F HQs Gokulpur, West Tripura, on 15th January, 1990 at about 2130 hrs while on patrolling duty in an area of Motai BOP entered

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Mar 19 1991

Kali Das Vs. Union of India

Court : Rajasthan

Decided on : Mar-19-1991

Subject : CivilConstitution

Reported in : 1991(1)WLN577

pressed before us.18. In the result, the habeas corpus petition is dismissed with no order as to costs. Border Security Force Act, 1968 - Enquiry--Desired officers not willing and available due to exigencies of service--Officer appointed and Private Counsel permitted to … dismissed from service.3. The petitioner had given legal notice on 9.4.90 (Ex. 21) Under Section 117 of the B.S.F. Act, 1968(hereinafter referred to as the … Court of enquiry was ordered and witnesses were examined by the court of enquiry and a charge-sheet Under Section 30(b) for misappropriating fund of Rs. 42,602.84 was issued on 17.10.86 vide Ex. 6 but the petitioner was

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