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May 31 2010

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

Court : Delhi

Decided on : May-31-2010

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 … Rules, 1969 (hereinafter referred to 'BSF Rules' for brevity). An offence report dated 28th December, 1998 under Rule 43 was prepared alleging that on 26th December, 1998 at about 1700 hours, the petitioner was found in the

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Mar 23 2001

Union of India and Others Vs. Ex Constable Mohinder Singh (Deceased No ...

Court : Delhi

Decided on : Mar-23-2001

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 2(1), 5, 14, 17, 20, 28, 46, 48, 70, 74, 117; Border Security Force Rules - Rules 16, 43, 45, 48, 49, 51, 139, 149(3 & 4), 157, 158, 167; Indian Penal Code (IPC), 1860 - Sections 323, 350 and 351; Constitution of India - Articles 14, 21, 33, 137 and 323-A; Industrial Disputes Act, 1947

Reported in : 91(2001)DLT291

enrolled in the Border Security Force (BSF) as a Constable in April 1988 and became subject to the Border Security Force Act (hereinafter the Act). and Border Security Force Rules (hereinafter the Rules). In October 1993 he was posted in … and other assailant Constables named above, were then tried by a Summary Force Court for committing offence under Section 20(a) of the Act. They were held guilty of the offence charged with and were convicted. While the … awarded by it is vitiated. Reference is made by him to Rule 43, 45, 48, 49 and 51. As a matter of fact his submission

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Jul 30 2013

Anil Kumar Rai Vs. Union of India and ors.

Court : Delhi

Decided on : Jul-30-2013

Subject : Land Acquisition

by the General Security Force Court and the Petty Security Force Court. As per the scheme of the Border Security Force Act, 1908 & Rules thereunder, Rule 99 is mentioned in Chapter 9 which relates to Procedure for Security Force … 1999. By a charge-sheet dated 12th October, 1999, the following charges were issued against the petitioner:First Charge BSF Act 1968 Sec.20(a) Using Criminal Force to his Superior Officer In that he, at BOP Ranian on 4.1.99 at about … authority are para meteria, more particularly in case of Rule 149 and Section117(2) of the Act, with the provisions which were considered in both the

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May 14 1985

G.P. Singh and ors. Vs. Shanti Ranjan Sarkar

Court : Kolkata

Decided on : May-14-1985

Subject : Criminal

Reported in : 1985CriLJ1695

it was contended on behalf of the respondent, inter alia, that in view of Section 50 of the Border Security Force Act, 1968, hereinafter referred to as the Act, the order for imprisonment in civil jail for a period of three … charged with abetment of the offence of exacting money from the said Md. Mohiuddin Mondal without proper authority, Section 43 of the Act provides as follows:Any person subject to this Act who abets the commission of any of

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Jun 03 2010

Balwinder Singh Vs Union of India and ors.

Court : Delhi

Decided on : Jun-03-2010

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 … offence and summary dismissal of the case has been provided under Chapter VII of the BSF Rules. Rule 43 requires that where it is alleged that a person subject to the Act has committed an offence punishable

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Apr 26 2000

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

Court : Rajasthan

Decided on : Apr-26-2000

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 … be tried by the Criminal Court. Chapter VII provides a detailed procedure of investigation and summary disposal. Rule 43 provides for report pertaining to an offence when it is found that there are allegations against a person

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Jul 27 2016

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

Court : Delhi

Decided on : Jul-27-2016

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. … Competent Authority who drew up an offence report, in compliance with Rule 43 read with Rule 44 of the BSF Rules, 1969, listing the following … 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

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Feb 25 2014

Const.Subhash Babu Vs. Union of India and ors.

Court : Delhi

Decided on : Feb-25-2014

Subject : Land Acquisition

dismissing the statutory petition filed by the petitioner against the order dated August 24, 2000 wherein the Summary Security Force Court held the petitioner guilty of the charges framed against him and sentenced him to undergo rigorous imprisonment … on August 20, 2000 a charge-sheet was framed and served upon the petitioner who was posted at the Border OutPost Parlihat when the alleged incident constituting the offence took place, listing two distinct offences committed by the … and for unauthorised absenteeism. The charges read as under:“CHARGE SHEET CHARGE-1 BSF ACT-1968 SEC-20(a) USING CRIMINAL FORCE TO HIS SUPERIOR OFFICER In that he, at … for unauthorised absenteeism. The charges read as under:“CHARGE SHEET CHARGE-1 BSF ACT-1968 SEC-20(a) USING CRIMINAL FORCE TO HIS SUPERIOR OFFICER In that he, at about … taking cognizance of the offence report under Rule 43 and hearing the charge against the petitioner as

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Feb 12 2015

Achal Singh Vs. Uoi

Court : Delhi

Decided on : Feb-12-2015

Subject : Land Acquisition

MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. The writ petitioner had joined service as Constable (GD) with the Border Security Force on a date not disclosed in the pleadings of the parties but it appears that it was around … be drawn up. The charge was of having committed an offence punishable under Section 19(b) of the BSF Act, 1968, which makes it an offence to overstay leave granted without a sufficient cause. In the charge it was … petitioner was attached took cognizance of an offence report as per Rule 43 of the BSF Rules, 1969. He heard the petitioner with respect to

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Sep 07 2007

Shri Chandram J.M. S/O Shri Jettappa Vs. the Union of India (Uoi) Rep. ...

Court : Karnataka

Decided on : Sep-07-2007

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 6, 9, 10, 11, 14 to 46, 48, 48(1), 49, 50, 64, 70 and 117; Central Police Act, 1949; Army Regulations; Army Rules; Central Civil Services Pension Rules - Rule 25; Pension Rules - Rules 3 and 25; Constitution of India - Articles 22 and 311

Reported in : 2008(3)KarLJ303; 2007(6)AIRKarR441; 2008LabIC(NOC)83(Kar)

dismissed.34. Petitioner is a Member of the Border Security Force which is a paramilitary force created under the Border Security Force Act, 1968. This Force was part of Central Police Act, 1949. It was given a separate identity as Border Security … of the Force, but also for bringing disrepute to the Force which is an offence in terms of Section 40 of the Act3. Such action had been taken as a follow up on the complaint lodged by

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