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Rakesh Kumar Sharma Vs. Uoi

Court : Delhi

Subject : Service

Acts : Border Security Force Act 1968 - Section 35

the Initiating Officer can sufficiently be justified, we dismiss the writ petition but refrain from imposing any costs. Border Security Force Act 1968 - Section 35 - Falsifying official documents and false declarations -- A letter dated 15.04.1993 highlights the poor functioning of

Dipak Kumar Chakraborty Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 35, 40, 41, 48, 50, 51 and 117; Border Security Force Rules, 1969 - Rules 45 and 51; Railway Protection Force Rules

B.K. Sharma, J.1. The petitioner who is a retired Commandant of Border Security Force (B.S.F.) has assailed the legality and validity of the order of penalty passed against him and subsequent denial … Commandant was taken up for proceeding under General Security Force Court (G.S.F.C.) on the following charges:'1st Charge, BSF Act, 1968 Section 40:An act prejudicial to good order and discipline of the force:In that he, at SHQ N & M … confirmation about non-appointment of the said candidate.3rd Charge, BSF Act, 1968. Section 35(c)Knowingly and with an intention tear off the documents in his charge:In that

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

Court : Delhi

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

Union of India and ors. Vs. Rakesh Kumar Etc.

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 8; Border Security Force Rules, 1969 - Rule 19; Central Civil Services (Pension) Rules, 1972 - Rules 3, 13, 26, 29, 35, 36, 48, 49 and 54; Code of Civil Procedure (CPC), 1908 - Sections 80; Fundamental Rules - Rule 56

Reported in : AIR2001SC1877; [2001(89)FLR599]; JT2001(4)SC306; 2001LabIC1406; 2001(3)SCALE150; (2001)4SCC309; [2001]2SCR927; 2001(2)SCT1085(SC); 2001(3)SLJ257(SC); (2001)2UPLBEC1163

more years but less than 20 years are entitled to pension/pensioner benefits under the relevant provisions of the Border Security Force Act, 1968 (hereinafter referred to as 'the BSF Act') and the Border Security Force Rules, 1969 (hereinafter referred to as … General, BSF on 2nd April, 1996 for grant of pensionary benefits. Finally, after receipt of legal notice under Section 80 of CPC, the competent authority passed the following order No. 3563/(PF.RK)/97-Est.II/42328 on 3.5.1997:-'In partial modification of this … Section 80 of CPC, the competent authority passed the following order No. 3563/(PF.RK)/97-Est.II/42328 on 3.5.1997:-'In partial modification of this office order No. 3411/Estt.-II/94/239 dated 28th

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

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 … counsel for the petitioner has placed reliance on the pronouncement of this court reported at 134 (2006) DLT 353 (DB) Banwari Lal Yadav v. Union of India & Ors. in support of this submission.25. In the instant

Vinod Kumar S/O Sudarshan Kelkar Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 428; Border Security Force Act, 1968 - Sections 46 and 121A; Border Security Force (Amendment) Act, 2000; Indian Penal Code (IPC) - Sections 302

Reported in : 2004(4)MhLj561

Court for the offence under Section 302 of the Indian Penal Code and under Section 46 of the Border Security Force Act, 1968 (for short, the B.S.F. Act) is entitled to set off for the period he has undergone detention as … that though Section 121A of the B.S.F. Act is introduced by way of amendment by the B.S.F. Act 35 of 2000 w.e.f. 1-9-2000, the petitioner-prisoner cannot be denied the benefit of the provisions of Section 428 of

Ex. L/Nk Vimal Kumar Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 26, 48, 70 and 117(2); ;Army Act; ;Army Rules - Rules 115, 115(2), 115(2A) and 125; ;Navy Act; ;Armed Forces Act; ;Border Security Force Rules, 1969 - Rules 33(2), 43, 45, 45B, 46, 48(3), 49, 51, 62, 81, 81(3), 101, 101(3), 142, 142(2) and 157; ;Border Security Force Rules, 1965 - Rules 48(3), 49(2) and 49(3); ;Constitution of India - Article 14

(hereinafter referred to 'SSFC' for brevity) finding the petitioner guilty of an offence under Section 26 of the Border Security Force Act, 1968 (hereinafter referred to 'BSF Act' for brevity) and the sentence of dismissal from service. The petitioner also assails

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 … 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 Kanzalawan,

EX.CT. Dharam Pal Vs. Union of India and Others

Court : Delhi

Subject : Land Acquisition

Pradeep Nandrajog, J. 1. The petitioner was enrolled with the Border Security Force on August 17, 1990 as a Constable. In the year 2005 he was posted with the 85th Bn. … listing the following charge against the petitioner: Place and date of offenceOffenceB.O.P. 24-O Forward 85 Bn. BSF. 16.05.2005BSF Act-1968-Section 16 (c) in that he, at Naka Point No.2 of BOP 24-O Fwd on 16.05.05 at about 21:40