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 .....
Tag this Judgment!Court : Guwahati
..... 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. ..... , 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 ..... in the instant case, the prescribed authority, of the border security force exercised its discretion under section 80 of the act and decided to try the civil offence committed by the accused/appellant-petitioner under the security force court, like gsfc.21. from the aforesaid provisions of the bsf act and the rules, a reasonable person can easily come to .....
Tag this Judgment!Court : Guwahati
..... 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 ( ..... 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, ..... back in service. letter dated 17th october, 1998 reads as under :'no. 13/19/ 1/98-rectt/bsf/1367-1667government of indiaministry of home affairsdte general border security force(pers dte : rectt section) new delhi-3, dated 17th oct 1998.to.all ftr hqrs bsf all sector hqrs bsf bsf academy, tekanpur bsf cswt .....
Tag this Judgment!Court : Guwahati
..... 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 and by appointing such a commission no control over the working of the bsf can be said to have been ..... and unauthorised entry into the indian territory and to instil security among the people residing in the border areas of the country. this act in ten chapters covers 142 sections. at first two sets of rules were promulgated. border security force rules of 1969 and adjustment of jurisdiction rules of 1969. later superannuation rules of 1978. border security force pay and allowance rules of 1978. the rules were promulgated .....
Tag this Judgment!Court : Guwahati
..... 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 ..... commenced trial against him where he had confessed his guilt. his confession was recorded and witnesses were examined according to the procedure laid down in the border security force act, 1966 and the rules framed thereunder. there was no procedural irregularities in the court proceedings and, therefore, no injustice was occasioned.4. i have heard mr. b. das, learned senior .....
Tag this Judgment!Court : Guwahati
..... 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 ..... has been urged before us by the learned counsel appearing on behalf of the appellant.'11. learned counsel for petitioner places reliance on the commandant, 70 battalion, border security force and others v. anil bandhu mitra, respondent 1985 lab.i.c. 1738. that was a division bench judgment of calcutta high court and in para 10 ..... 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 .....
Tag this Judgment!Court : Guwahati
..... 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 ..... ' 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 .....
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..... 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, ..... was not on active duty at the time of the incident, it may be relevant to produce hereunder section 47 of the act. '47. civil offences not triable by a security force court. - a person subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, .....
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..... 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 ..... of a loss of tape-recorder, which neither belonged to the government, nor to any forceman, band or institution, nor to any person of the force; nor there was any act in respect of such property with intent to cause wrongful gain to one and wrongful loss to another. 9. statements of two witnesses recorded by the ..... 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 .....
Tag this Judgment!Court : Guwahati
..... writ petition. the order of transfer has been assailed basically on one ground stating that there was a clear violation of provision of law particularly rule 14 of the border security force (tenure and posting and deputation) rules, 2002 (hereinafter referred to as 'rules',)3. mr. choudhury, learned senior counsel in course of his argument, in ..... 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 ..... perusal of those sections, it transpires that the transfer has not been included in those punishments which require to be effected through a proper disciplinary proceeding under act and rules framed thereunder.17. that being so, this court is disinclined to interfere with the impugned order. hence, i do not find any merit in .....
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