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Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 13; Constitution of India - Article 226; Border Security Force Act, 1969 - Rules 45 and 46

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

matter on merits. Investigation into an offence alleged to have been committed by a person subject to the Border Security Force Act 1968 (for short 'the Act') is dealt with under chapters V to VII of the Rules. For the present … Security Force Court. The Commandant having dealt with the case under Rule 45 of the Border Security Force Rules, 1969 (for short 'the Rules') was … learned Single Judge was that the respondent was tried by General Security Force Court on a charge under Section 31(b) of the Border Security Force Act (for short the Act) namely :- without proper authority extract from

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

is also entitled to costs, which is quantified at Rs. 5,000/-._ Service - discharge - Sections 87 of Border Security Force Act, 1968 - dismissal Order and punishment challenged on ground of violation of fair trial - 'A' witness in proceeding … Act. Although the said trial was set aside for non-compliance of Rule 45, the learned counsel would contend, that the second trial was, thereforee, barred … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

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 … action may kindly be initiated against him.6. The commandant proceeded to hear the charge in accordance with Rule 45 of the Border Security Force Rules, 1969 (hereinafter referred to 'BSF Rules' for brevity). An offence report dated

Nawab Khan, Sub [No. 870021695] Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 40, 45(B), 46, 48, 89, 107, 108 and 117; ;Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3; ;Prevention of Corruption Act, 1987 - Section 13(1) and 13(2); ;Border Security Force Rules, 1969 - Rules 45B, 48, 51, 51A, 59, 73 and 167; ;Prevention of Corruption (Amendment) Act, 1998 - Section 13; ;Army Act - Sections 52 and 63; ;Evidence Act; ;Constitution of India - Articles 226 and 227; ;Army Rules - Rules 22 and 149; ;Defence Service Regulations; ;Code of Criminal Procedure (CrPC)

Reported in : 2006(2)JKJ255

of Smuggling Activities Act, 1974 could not be established and a fresh charge under Section 46 of the Border Security Force Act, 1968 for committing offence in terms of Section 13(1)(e) of the Prevention of Corruption Act, 1988 came to be … nor any Court of Inquiry was held and even the petitioner was not heard in terms of Rule 45B nor a fresh ROE] was ordered and prepared in terms of Rule 48 and without complying with these

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 … Border Security Force he was put up on offence report for alleged commission of following offences under Rule 45 of the Border Security Force Rules, 1969 before the Commandant:(a) Deserting the service; (b) Committing a Civil Offence

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 … brought before the Commandant for preliminary hearing on offence report under Rule 45 of BSF Rules 1969 for committing offence under section 19(b) of BSF

Union of India (Uoi) and ors. Vs. B.N. Jha

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Rules, 1969 - Rules 16(7), 45B and 46; Constitution of India - Articles 136 and 226; Army Act; Border Security Force Act - Sections 2(1), 5, 14 to 45, 48 and 141; Navy Act; Armed Forces Act

Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);

for interfering with the impugned judgment in exercise of jurisdiction under Article 136 of the Constitution of India.; Border Security Force Act, 1968 Sections 5, 41, 48, 49, 64, 65, 68, 72, 107 and 108 - Border Security Force Rules, 1969 … inter alia held that there had been a gross violation of Rule 45B and 46 of the Border Security Force Rules. It was further held … the description referred to in that provision;2(1)(h) 'Deputy Inspector-General' means a Deputy Inspector-General of the Force appointed under Section 5;2(1)(n) 'Inspector-General' means the Inspector-General of the Force appointed under Section 5;5. Control, direction etc. (1) The general

P.C. Pande Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Constitution

Reported in : 1978(11)WLN435

working as Accountant-cum-Cashier in that year The petitioner was prosecuted for misappropriating property under Section 30 of the Border Security Force Act, 1968 (47 of 1968)(hereinafter referred to as the Act'), during the year 1975-76. He was convicted by the General … Inquiry before the trial of an accused. A record of evidence was ordered against the petitioner under Rule 45 of the Rules. The record of evidence was prepared in accordance with Rule 48 of the Rules and

Nawab Khan, Sub [No. 870021695] Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : ServiceCriminal

Acts : Prevention of Corruption Act, 1988 - Section 13(1) and 13(2); ;Border Security Force Act, 1968 - Sections 46 and 59; ;Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3; ;Border Security Force Rules - Rule 45

Reported in : 2006(2)JKJ234

short ground, that his trial by the General Security Force Court is vitiated because of flagrant violation of Border Security Force Act and Border Security Force Rules, hereinafter referred as Act and Rules respectively.2. Mrs. Surinder Kour, learned Counsel for … reads, thus:APPENDIX VIRULE 53(2)CHARGE SHEETThe accused No. 870021695 Subedar Nawab Khan of 5 BN BSF, is charged with:BSF ACT 1968, SECTION 46 : COMMITTING A CIVILOFFENCE, THAT IS TO SAY ABETTING THESMUGGLING OF GOODS, PUNISHABLE UNDER SECTION 3 OFCONSERVATION … constitute hearing and providing opportunity of leading evidence as contemplated by Rule 45(b) of the Rules, which asserts the learned Counsel, are mandatory in nature,

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 … of the officer junior to the petitioner, Mr. Rahman referring to Rule 45(b) of the BSF Rules, 1969, submits that the said provisions having been