Court : Guwahati
..... -staying, on the expiry of his leave, with effect from 18.10.1996. in the said court of enquiry, several witnesses were examined whereafter a report was submitted recommending that the petitioner be declared a deserter and disciplinary action as per the border security force act and the rules be taken against him. on receipt of the report of enquiry as aforesaid, the commandant of the battalion by an order dated 15.12.1996 while agreeing with the findings and recommendation of the court of enquiry, declared the petitioner as a deserter ..... petitioner was denied a reasonable opportunity of defending himself, the instant recourse of the writ remedy has been made as against the order of dismissal, which has been subsequently upheld by the appellate authority under the provisions of the border security force act, 1968.4. i have heard sri r.l. yadav, learned counsel appearing for the petitioner and mr. s. dasgupta, learned additional c.g.s.c., appearing for the respondents. i have considered .....
Tag this Judgment!Court : Guwahati
..... the medical officer and the findings of the gsfc as cryptic, non speaking and non application of mind by the gsfc while passing the order of conviction and sentence and the order of rejection of representation under section 117 of the act by the director general, border security force.3. we have heard mr. b. das, learned sr. counsel as assisted by miss s. das and d. chakraborty as well as mr. p.k. biswas, learned assistant solicitor general ..... unit to which belongs, or to the commanding officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a court-martial.rule 3 of the criminal courts and border security force courts (adjustment of jurisdiction) rules, 1969. trial of person subject to the act.... where a person subject to the act, is brought before a magistrate and charged with an offence for which he is liable to be tried by the border security force court, such a magistrate shall not proceed to try such persons or to inquire .....
Tag this Judgment!Court : Guwahati
..... , bsf), who has resigned from his post after serving for 10 or more years but less than 20 years, is entitled to pension/pensionary benefits under the relevant provisions of border security force act. 1968 (hereinafter called the act) and the border security force rules, 1959 (hereinafter called the bsf rules) or the central civil services (pension) rules, 1972 (hereinafter referred to as the ccs (pension) rules) ?2. the aforesaid question has arisen under the following fact and ..... kumar, the authority has stated that he would get pensionary benefits as admissible under the rules. under the rules, he is not entitled to get such benefits.'10. the apex court, after considering all the relevant provisions of the bsf act, border security force rules, 1969 and ccs (pension) rules, 1972, to which reference have already been made, came to the following conclusion: '22. in the result, there is no substance in the contention of the learned counsel for the respondents that on the basis of rule 49 .....
Tag this Judgment!Court : Guwahati
..... and by appointing such a commission no control over the working of the bsf can be said to have been affected. i have found sufficient force in this submission and according to me appointment of commission of the present nature does not affect the control which vest in the central ..... the present nature which involves working of the armed forces of the union the same would dilute the control over these forces vested in the central government. learned advocate general, meghalaya, however, submitted that appointment of a commission to inquire into the working of the bsf would not in any way dilute the control over the bsf vesting in the central government by virtue of what has been stated in section 4 of the border security force act inasmuch as commission of enquiry is a fact finding body .....
Tag this Judgment!Court : Guwahati
..... and the incumbent was the person who hatched the conspiracy. at the time of his conviction p.c. punetha was the commandant. there is no allegation that p.c. punetha was also inimical towards him. sub-section (2) of section 117 of the border security force act provides that any person aggrieved by a finding or sentence of any security force court which has been confirmed, may present a petition to the central government, the director general or any prescribed officer superior in command to the one who confirmed such finding or sentence. in the instant case, mr. punetha being the commandant .....
Tag this Judgment!Court : Guwahati
..... d sur failed to produce any record, save and except filing an affidavit-in-opposition on behalf of respondents.9. admittedly the order of dismissal has been issued in exercised of the power under section 11 of the border security force act. section 11 of that act is quoted below : '11. dismissal, removal or reduction by the director general and by other officers- (1) the director-general of any inspector general may dismiss or remove from the service or reduce to a lower grade or ..... bench judgment of calcutta high court and in para 10 the division bench has laid down the law as follows :'on a, very careful reading of the act and the rules we are unable to accept this contention or the stand taken by the authorities of the border security force who dealt with the present case, we have quoted section 11 of the act hereinbefore. that section, in our opinion, only empowers certain authorities to pass orders of dismissal, removal or reduction in rank. this is an authorising section and not a .....
Tag this Judgment!Court : Guwahati
..... behalf of the petitioner and mr. p.k. dhar, learned senior central govt. standing counsel appearing on behalf of the respondents and perused, the records. 6. admittedly, for commission of civil offence as defined under section 46 of 'the border security force act, 1968' (shortly the act), the ssfc was assembled to enquire/try the petitioner on the charge framed and after recording the evidence allowing all opportunities, the ssfc vide verdict dated 30.10.1999 declared the petitioner 'not guilty'. for convenience sake, the ..... its finding holding the petitioner 'not guilty' and acquitted him from the charge. the respondent no. 5 forwarded the entire proceeding to the dig, respondent no. 4 who having exercised his power under rule 160 of 'the border security force rules, 1969' (shortly the rules) held the petitioner 'guilty' of committing robbery by forcibly snatching away rs. 50,000 from civilian billai hussain and imposed the penalty of dismissal from service vide impugned order dated 10.4 .....
Tag this Judgment!Court : Guwahati
..... that since the offence was committed by the respondent no. 5 in his personal capacity, the offence is nothing but a civil offence for which he was tried by the security force court in terms of section 47 of the border security force act (hereinafter referred to as 'act' for short). the term civil offence is defined by section 2(d) of the act as an offence which is triable by the criminal court, section 46 of the act provides that subject to the provisions of section 47, any person subject to this act who at any place in, or beyond, india commits any civil offence shall be deemed to be guilty of an offence against .....
Tag this Judgment!Court : Guwahati
..... t their findings in the proceeding with the record of the case must have been submitted in the beginning of 1977. but the petitioner was neither communicated with the finding of the enquiry nor with the opinion of the deputy inspector general, border security force. but surprisingly after about 11 or 12 years, present decision of resumption of the enquiry has been taken up and by the impugned signal the petitioner has been directed to be attached to shillong for completion of the disciplinary ..... in the confidential circular bsf, government of india, new delhi to review the working of the bsf and rules specially in the context of expeditious disposal of disciplinary proceedings and therein it was clearly indicated that the main aim of the bsf act and rules is to ensure expeditious and not vexatious disposal of disciplinary proceedings. 14. the supreme court held in series of cases that delay and dragging enquiry and departmental proceeding not only enforce harassment to the employees, but .....
Tag this Judgment!Court : Guwahati
..... his administrative functioning, being the head of the battalion serving as the commandant of the same. his case is that though rule 14 prescribes for making a transfer by the month of april or every year the rule has got amended in the year 2002 to be known as border security force (tenure of posting and deputation) (amendment) rules, 2002 (for short, the amendment rules) and the same was notified on 4.7.2002 wherein rule 19 has been inserted immediately after rule 1.8, rule 19, provides as under ..... rule as claimed.13. so far the allegation of mala fide is concerned, it is contended by mr. rahman that since transfer is a incident of service and impugned transfer did not attract any punitive action as contemplated under the boarder security force act, 1968 (for short, the act), this transfer cannot be said to be punitive one. the petitioner has only been transferred out on the basis of a complaint made by his superior officer and that too in the rank of inspector general with regard to his .....
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