Judgment Search Results Home > Cases Phrase: border security force act 1968 section 19 absence without leave Page 6 of about 53,915 results (1.474 seconds)

Gorakh Nath Vs. State of J and K

Court : Jammu and Kashmir

Reported in : 2006(1)JKJ192

..... have heard learned counsel for the parties and have carefully gone through the record of this case.8. section 11(2) of the border security force act, 1968 (hereinafter referred to as the 'b.s.f. act') provides for dismissal, removal or reduction from service by an officer not below the rank of deputy inspector general or any prescribed officer under ..... cause notice.4. in order to appreciate the respective contentions the parties, the facts in brief may be noticed.5. petitioner was enrolled as constable in the border security force on 1.7.1971 and in february 1988, he was selected for posting on deputation in the ministry of external affairs in which capacity he served in the ..... sub-rule shall not apply:(a) where the service is terminated on the ground of conduct which has led to his conviction by a criminal court or a security force court; or(b) where the competent authority is satisfied that, for reasons to be recorded in writing, it is not expedient or reasonably practicable to give the .....

Union of India (Uoi) and anr. Vs. S.S. Ranade

Court : Supreme Court of India

Reported in : [1995(71)FLR492]; JT1995(2)SC582; 1995(3)SCALE65; (1995)4SCC462; [1995]3SCR773; (1995)3UPLBEC1499

..... relates to the age of retirement of a commandant (selection grade) in the border security force.3. the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and matters connected therewith, are governed by the provisions of the border security force act, 1968. section 141 of the border security force act enables the central government, by notification, to make rules for the purpose of ..... carrying into effect the provisions of this act as set out in that section. in exercise of that power, the central government has notified the border security force (seniority, promotion and superannuation of officers) rules, 1978. it .....

Union of India and ors. Vs. B.N. Jha

Court : Delhi

Reported in : 91(2001)DLT581; 2001(58)DRJ765

..... sd/-(b.s. garcha)dig & commandant9. the learned counsel for the appellant-union of india urged that the appellant had acted in accordance with the provisions of the border security force act, 1968 and the border security force rules, 1969. the appellant also submitted that the respondent was given full opportunity to defend himself in this case including a ..... both the charges and the court dismissed him from service subject to confirmation. on 18.3.1992 the sentence was confirmed by the director general, border security force. the respondent without availing the statutory remedy approached this court by filing a petition under article 226 of the constitution. the learned single judge ..... b.s. garcha was the dig and the commandant. these facts have to be appreciated in the back drop of the disciplined organization like the border security force.48. we have carefully examined the judgment of the learned single judge. he has correctly arrived at the conclusion that there is clear violation of .....

Krushna Chandra Baliyarsingh Vs. Union of India and ors.

Court : Orissa

Reported in : 93(2002)CLT195; 2001(II)OLR548

..... . baliarsingh and the latter succumbed to the injuries. disciplinary action is being initiated against g. ganapathy under the provisions of the border security force act.3. op (sic) 1 to 4 through the deputy inspector general,border secu (sic) orce, (sic) ridkot (punjab) had filed the counter affidavitand it is staled that the amount towards t.a ..... and ultimately he succumbed to the injuries. he was under the service and protection of his employer and serving in a disciplined organisation like the border security force for the security of the country and as such, his dependents who are deprived of the affection, care and financial help permanently, should be provided with ..... financialsupport nor the expected care and comfort from their son. the deceased constable was employed under the opp. parties in a disciplined border security force in the interest and for the security of the nation and has died an unnatural and pathetic death, for the alleged action of his fellow constable, who is also .....

Union of India and Others Vs. Andnd Singh Bisht

Court : Supreme Court of India

Reported in : 1996VIAD(SC)557; AIR1997SC361; (1997)1CALLT41(SC); 1996CriLJ4435; 1996(6)SCALE357; (1996)10SCC153; [1996]Supp5SCR306

..... the beneficial provision of section 428 of the crpc is applicable in the case of the respondent even though he was tried by a court martial under the border security force act and section 5 of the crpc has not taken away such benefit. accordingly, an order was passed on 30th september, 1985 to release the respondent from ..... made by the respondent anand singh bisht is under challenge in this appeal. anand singh bisht was a naik in the border security force. for injuring one cadet raj kishore singh, he was tried under the border security force act, 1968 and was convicted for the offence under section 307 of the indian penal code and was sentenced to suffer one ..... respondent anand singh bisht moved the habeas corpus petition before the calcutta high court inter alia contending that as he had undergone pre-trial detention by the border security force authorities for about one year he was entitled to set off his sentence of one year's rigorous imprisonment under section 428 of the crpc and he .....

V.G. Pillai Vs. Union of India (Uoi) and ors.

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 .....

Shri Thoru Ram Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 2003(66)DRJ172

..... december 1991 which is in the following terms:'whereas a case against shri. thoru ram (irla no. 2776). dy. comdt. of 115 bn bsf border security force in respect of an offence for a grave act of criminal negligence, is under investigation. 2. and whereas it is alleged that the said shri thoru ram, dy. comdt. of, 115 battalion ..... of the border security force and committed certain acts of omission and commission by issuing illegal order on 30.9.91 to the members of the force placed under his command to swim across a pond as a measure of punishment which has resulted in the ..... point of time, he was posted as deputy commandant. in may 1990, he was posted in 115 bn. which was then deployed in south bengal frontier of the border security force.4. the petitioner allegedly asked certain candidates to undergo swimming exercises at digberia, distt. barasat, west bengal on 30th september 1991.5. in course of the said .....

Amar Singh Bhati Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 112(2004)DLT301; 2005(2)SLJ172(Delhi)

..... it would relevant to point out that the petitioner had submitted post confirmation petition dated 23rd january, 2001. he had also filed a statutory petition under rule 117 of the border security force rules. however the central government did not take any decision thereon with the result sentence of the petitioner started. when legal notice dated 2nd may, 2001 also did not ..... a.k. sikri, j.1. the petitioner is an ex-assistant commandant who was serving with border security force (bsf). he had joined the bsf as a constable in the year 1966 and, after getting few promotions during his service career, had risen to the rank of ..... the union' raised for inspiring the security of the borders of the country, to discharge this onerous responsibility, a very high standard of discipline is required among all members of the force. the offence under section 46 of the bsf act, for committing a civil offence, that is to say, criminal misconduct, for having been, as public servant, found in possession of .....

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

Court : Delhi

Reported in : 142(2007)DLT371; 2007(95)DRJ342

ordert.s. thakur, j.1. the petitioner was enrolled as a constable in the border security force against a vacancy reserved for scheduled caste candidates. on 25th october, 2003, he was posted at op no. 2 on the madera duty post under the over all charge of ..... is a matter which can, in our opinion, be more appropriately left to be examined by the director general in the proceedings initiated before him under section 117 of the act. the present petition must however succeed on the alternative ground urged by mr. singh before us, namely, that the director general had not examined the matter satisfactorily nor passed a ..... the non-filing of said proceedings could have disabled the director general from exercising his powers under section 117 of the bsf act especially when he had access to and could indeed summon the entire trial record from the summary security force court to examine the legality of the conviction and the procedural regularity of the trial. be that as it may, the .....

Union of India (Uoi) and ors. Vs. Debashish Ghosh

Court : Supreme Court of India

Reported in : 2009(8)SCALE779; 2009(5)LC2077(SC):2009(4)LHSC2462.

..... bench of the calcutta high court whereby the calcutta high court allowed the writ appeal filed by the respondent herein. the respondent herein was serving as a constable in the border security force, 'bsf' for short, having joined the service in the year 1988. in his checkered career, on seven occasions, he went on leave and never reported back in ..... has been ordered, though the high court has kept it open for the respondent union of india to take appropriate action in accordance with the provisions of the act and law as indicated.3. we have carefully considered the provisions as well as the facts which have been brought before us by the learned counsel appearing on ..... cause overstays leave granted to him; or (c) to (g) x x x shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.learned counsel further takes us to section 48 which provides the punishments awardable in the .....