Judgment Search Results Home > Cases Phrase: border security force act 1968 section 19 absence without leave Page 1 of about 53,915 results (0.597 seconds)

Sees Ram Vs. Union of India

Court : Delhi

Reported in : 63(1996)DLT890; 1996(38)DRJ663

..... quashing of order of dismissal from service dated 6.3.1991 passed by the commandant, 67 bn., border security force in exercise of powers conferred under section 11(2) of (he border security force act, 1968 (hereinafter referred to as 'the act') along with all consequential reliefs. (2) the petitioner was enlisted as constable (messenger) on 23.2 ..... .1961 in punjab police and later on embodied in border security force (for short bsf) with effect from 1.3.3966. the ..... and void ab initio. absence without leave is an offence under section 19-a of the act and is punishable by security force court under section 48 of the act. only in those cases where trial by security force court is not expedient or is impracticable that an order of dismissal from service by an .....

Barad Kesar Bhai Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... 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 ..... 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., ..... the present case.6. under the provisions contained in section 19 of the border security force act, absence without leave is an offence for which a security force court can try the offender and punishment, as prescribed may be awarded. under the provisions of the act, in a given situation, a person guilty of commission of any of the .....

Ajaib Singh Vs. Union of India

Court : Delhi

Reported in : 1997(40)DRJ710

..... 9th july 94.(4) the aforementioned order is under challenge on numerous grounds, including the one that the same is contrary to the provisions of the border security force act and the rules framed there under and the same has been passed without complying with the procedure prescribed under the law.(5) we have heard counsel ..... . petitioner could have and ought to have been duly tried under the provisions of section 48 of the border security force act by security court martial for the offence alleged against him under section 19-a of the act. since it was not done the petitioner's service could not have been dispensed with in exercise of ..... leave without reasonable cause, the administrative power conferred under section 11(2) could not have been exercised without complying with the requirement of rule 22 of the border security force rules, which reads: '22.dismissal of removal of persons other than officers on account of mis-conduct :- (1)whenit is proposed to terminate the service .....

Assadullah Khan Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ178

..... communicated to him until service of the dismissal order. according to the appellant, he was denied due opportunity of hearing as provided in the border security force act, 1968 and the border security force rules, 1969 framed thereunder. the order being in violation of the statutory rules as well as the rules of natural justice is fit to be ..... single judge dated february 15, 2001 in swp no. 565/92, dismissing the writ petition of the appellant.2. the appellant, an ex-constable of the border security force (bsf), filed the writ petition for quashing order of his dismissal from service dated 26th february, 1991. the short facts of the case are that upon ..... be convicted and variously sentenced. it may be mentioned that the act provides for the security force court and summary security force court empowered to convict persons subject to the act and sentence them for offences committed by them on the pattern as provided in the army act, and the rules framed thereunder. in the instant case, the .....

Chanchal Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ381

..... transfer of the custody of the accused to bsf authorities for trial by exercising option under section 80 of the border security force act. section 80 of the border security force act 1968 reads as follows:'80. choice between criminal court and security force court -- when a criminal court and a security force court have each jurisdiction in respect of an offence, it shall be in the discretion of the director-general ..... . in the objections filed by the respondents, it is averred that that the petitioner has not availed statutory remedy available to him under section 117 of the border security force act 1968, read with rule 167 of the border security force rules, 1969. petitioner was participating in anti-militancy operational duty in sensitive area of village dedha on 28. 5. 1998 when he was found missing from .....

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

Court : Andhra Pradesh

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

..... others v. ram phal : [1996]2scr1144 . in that case the respondent ram phal who was a constable 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 ( ..... service was considered undesirable. ram phal did not reply. under the circumstances, the supreme court held that the procedure prescribed under rule 21 of the border security force rules providing for procedure for holding enquiry was not violated. in that case the supreme court also pointed out that the order of dismissal passed by ..... in maneka gandhi's case (supra) bhagwathi j. has emphasized that natural justice is a great 'humanising principle' intended to invest law with fairness and to secure justice. in mohinder singh gill (supra) the supreme court has observed : 'to-day in our jurisprudence, the advances made by natural justice far exceed old .....

Sudesh Kumar Vs. Union of India

Court : Delhi

Reported in : 1997(42)DRJ623

..... apprised that disciplinary action would be taken against him. thereafter a court of inquiry under section 62 of the border security force act, 1968 was ordered to inquire into the absence of the petitioner, but without awaiting the outcome thereof, it appears that the deputy inspector, border security force, jammu proposed to dismiss the petitioner from service administratively for which show cause notice (annexure p-3) was ..... before reaching the conclusion that the petitioner was unauthorisedly absent, it was mandatory to hold a court of inquiry in terms of section 62 of the bsf act read with rule 173 of the border security force rules. only on court of inquiry declaring the absence to be unauthorised that action could be initiated against the petitioner for being committing an offence under section .....

Sripurna Chandra Nahak. Vs. Government of India and ors.

Court : Orissa

..... on the part of the opp. parties in not considering his case for grant of minimum pension despite the fact that the petitioner has completed 16 years of service in border security force (hereinafter referred to as 'the b.s.f.') and, thereafter, he has been dismissed from service on the ground of unauthorized absence for a period of 5 (five ..... to xi of the rules framed under section 141 of the said act. the apex court observed that the b.s.f. act has been enacted with a view to provide for the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and for matters connected therewith by the parliament and the ..... same has been enforced by notification with effect from 20.2.1969. the supreme court quoting section 11 and referring to other provisions of the b.s.f. act held as follows:-"we .....

Jitender Singh (Ex. Head Const) Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2009(93)DRJ108

..... failed to apply their mind to this most pertinent aspect of the case.8. under section 19(a) of the bsf act, 'absent without leave' is an offence which on conviction by a security force court can be punished with imprisonment which may extend up to 3 years. besides this punishment, the petitioner could even ..... the expression-the trial by court-martial having become impracticable.9. thus, recourse to an administrative action is an exception to the regular trial by the security force court, and hence, greater is the obligation upon the authorities concerned to specifically apply their minds and properly record such satisfaction as contemplated under the rules. ..... its discretion but subject to compliance of the rules. the administrative action in a given case excludes recourse to a regular process of trial by a security force court and once the authorities decide to take recourse to administrative action upon due application of mind, it necessarily implies that the competent authority has chosen .....

Atal Bihari Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2008(1)JKJ53

..... confirmation statutory petition against the findings, sentence and order of a summary security force court. it is only section 118 of the border security force act, which contemplates power of annulment of proceedings of any security force court including a summary security force court. that being the case, the principle of merger projected in the judgment cited ..... petition may not be maintainable. in support of their contentions, the respondents say that the petitioner had committed the offence under section 46 of the border security force act at govindpur, raiganj (west bengal), and the orders impugned in the writ petition had been passed/issued by the respondents outside the jurisdiction of ..... case and, in that view of the matter, the findings and sentence of the summary security force court had been carried out, at a place which is outside the jurisdiction of this court.22. the border security force act does not provide any right to an accused to prefer a pre-confirmation or post- .....