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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 … with a departmental enquiry proceeding conducted by the employer in a domestic enquiry against the erring employee.42. While Section 49 enumerates various punishments that can be awarded by the Security Force Courts, Sections 49 and 50 which read

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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 … leave, but the same have not been taken into consideration. It is further stated that Rules 48 and 49 of the BSF Rules while recording the evidence, have also not been complied with. A petition was made

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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 … charge, Shri Raj Singh, the Commandant, 130 Bn, BSF directed preparation of an Abstract of Evidence under Rule 49 of the BSF Rules and detailed the aforesaid Shri P.V. Eappen, Deputy Commandant for the same.8. In the

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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 … copies of charge sheet and record of evidence in terms of Rule 63.(1) is, thus, totally misconceived.12. Rule 49.(3), of course, lays down that a copy of the abstract of evidence is required to be given to

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Mar 07 2003

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

Court : Supreme Court of India

Decided on : Mar-07-2003

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 … 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

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May 11 2000

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

Court : Delhi

Decided on : May-11-2000

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 … 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 … 48 or for preparation of abstract of evidence against him under Rule 49 and thereafter dealt with the case under Rule 51 be the witness

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Oct 17 1996

B.V. Ramnarayan Vs. State Bank of India, Hyderabad and ors.

Court : Andhra Pradesh

Decided on : Oct-17-1996

Subject : Labour and Industrial

Acts : State Bank of India (Supervising Staff) Service Rules - Rule 92; Border Security Force Act, 1968 - Sections 11(2)

Reported in : 1996(4)ALT753; (1997)ILLJ1007AP

in the Border Security Force was dismissed from service by the Commandant acting under Section 11(2) of the Border Security Force Act, 1968 on the ground that he was a deserter, without holding enquiry. Before the Supreme Court, the questions were … of the State Bank of India (Supervising Staff) Service Rules or any of the penalties specified in Rule 49 ibid. Please note that not only your appointment will stand forfeited in terms of Rule 92 of the

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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 … on account of lack of moderation in exercise of the power of imagination and the power of speech. 49. Viewed in this light, consequences of an act or omission, as referred in Section 40 of the Border

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Mar 30 2001

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

Court : Supreme Court of India

Decided on : Mar-30-2001

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 … if such notice is accepted he would get retiring pension. Thereafter, Rule 49 provides for method of calculation of amount of pension to such government … 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

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Sep 28 2015

Yacub Kispotta and Others Vs. Director General BSF and Others

Court : Delhi

Decided on : Sep-28-2015

Subject : Land Acquisition

any inquiry or giving them opportunity to explain their alleged misconduct in accordance with its parent law, the Border Security Force Act, 1968 ("the Act") or the Border Security Force Rules, 1969 ( Rules ?) framed there-under. 2. The facts necessary … 1968 - Section 14 (c),Section 2I-C, Section 22, Section 23, Section 36, Section 40, Section 47, Section 48, Section 49, Section 51, Section 64, Section 70, Section 74, Section 170, Section 171, Section 173, Section 174, Section 175

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