Judgment Search Results Home > Cases Phrase: border security force act 1968 section 20 striking or threatening superior officers Court: delhi Page 10 of about 164 results (0.437 seconds)

Const.Tanveer Ahmed Khan and anr. Vs. Uoi and ors.

Court : Delhi

..... lean in favour of the accused.14. but, in the instant case, we find that in the statutory appeal filed by the petitioners they never pleaded that at the security force trial the plea of guilt was not made by them. in the appeal filed it is stated that inadmissible evidence i.e. the written confessional statements obtained from the ..... culvert he saw that 8-10 civilians with 15-20 calves were going towards the village gitaldah bara mircha. he heard sounds indicative of something moving through the water towards border side but due to bamboo bushes and nala (drain) he could not see anything. after 4-5 minutes ct.tanveer ahmed petitioner no.1 who was standing approx. ..... why inspector gopal ram used a cycle ....... perhaps to hatch a conspiracy with so-called smugglers to whom he might have been knowing well and might have instructed to act in a desired fashion to implicate both the petitioners and to create a terror amongst other to either obey his orders or else face the dire consequence in a .....

Pitambar Kabira Vs. Union of India and anr.

Court : Delhi

..... the petitioner was in accordance with law and incorporated the opinion of the commandant that retention of the petitioner inservice was undesirable and since his trial by security force court was held to be inexpedient and impracticable and therefore there is no illegality or irregularity in passing the impugned order. similar is the situation in ..... & kashmir). 2. the petitioner was a part of d coy of the battalion, and we highlight that different companies of the battalion were stationed at different border outposts. each company was under the command of a coy.commander. 3. on 28.3.1994, without any movement order, petitioner reached the battalion headquarter and met ..... to rejoin his duties. having no other alternative, action has been taken against the petitioner in accordance with the provision of section 11 of the bsf act. under similar circumstances actions taken by the respondents exercising power under the same provision of law have been upheld. in that regard our attention is drawn .....

Sham Lal Vs. Union of India and ors.

Court : Delhi

Reported in : 2002IVAD(Delhi)6; 96(2002)DLT602; 2002(62)DRJ361; 2003(1)SLJ48(Delhi)

..... the competent authority has recordedits satisfaction and opinion in the show causenotice itself that the petitioner wasunauthorisedly absent from duty and that the trialby the security force court was inexpedient orimpracticable and that his further retention inservice was undesirable. the pre-condition asmentioned in rule 22 of the rules is, thereforee, ..... removing him fromservice. 11. it was contended by the counsel appearingfor the petitioner that when unauthorised absenceis considered as a misconduct under the bsf act andrules framed there under, the entire procedure laiddown for a trial to try an offence for misconductis always required to be complied with and ..... in respect ofthe petitioner. the petitioner was supplied copiesof the abstract of the evidence in regard to chargeunder section 19(b) of the bsf act, 1968. the petitioner submitted a letter of resignation fromservice which, however, was considered and was notaccepted in view of pendency of departmentalproceedings against the .....

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 .....

Ashok Kumar Vs. Dg. Bsf and ors.

Court : Delhi

..... rendered him incapacitated he requested the civilian to report to coy commander. 6. considering the record of evidence, the commandant directed the petitioner's trial at a summary security force court; at which trial the petitioner pleaded guilty. 7. convicting the petitioner and with reference to the service record which showed that in the past for having ..... consumed alcohol and disobeying lawful command, the petitioner had been awarded 28 days ri in force custody, the court sentenced the petitioner to be dismissed from service against which statutory petition filed has been rejected. 8. from the facts noted herein above and ..... writ petition. 2. the backdrop facts are that on 18.3.1996 petitioner was charge sheeted for having committed an offence punishable under section 26 of the bsf act 1968. it was alleged that on 26.2.1996, petitioner was detained for dak duty at bop rania, which he did not perform and was found in .....

Laxman Chandra Sarkar Vs. Uoi

Court : Delhi

..... . record of evidence was completed and in view of the evidence recorded the re-framed charge sheet was served upon the petitioner and he was tried by a general security force court on 11th november 2002. petitioner was found guilty and penalty of dismissal from service was inflicted without any pensionary benefits. 11. after the penalty was levied, on ..... he voluntarily rejoined the unit, 127 bn bsf at bhitaura camp (bareilly) 3rd charge without sufficient cause failing to appear, at the time fixed, at the place bsf act 1968 appointed for parade. sec 21(2) in that he, at bn hq bhituara on 2nd june 2001 failed without sufficient cause to attend at 0600 hrs the adm ..... the meanwhile he underwent the senior supervisory course. a charge sheet was issued alleging the following charges:- 1st charge disobeying a lawful command given by his superior officer bsf act 1968 section 21(2) in that he, at bn.hq bhitaura on 2nd june 2001 between 1100 hrs when ordered by sub (comn) n.c.dey (now posted .....

Rakesh Kumar Sharma Vs. Uoi

Court : Delhi

..... have some how manipulated and not participated in this. this clearly shows that you are physically weak and do not possess adequate stamina to undertake the fpet prescribed in the force. 4. you are, therefore, directed to intimate your fitness when you can participate in the fpet so that test can be conducted accordingly. if you do not participate in fpet ..... no.4 sh megh singh, ex-ac is not his actual signature, but some body else has signed in his place which needs detailed investigation under section 35 of bsf act and rules 1968. 5. keeping in view of above, in this regard a letter was sent to you asking clarification on the above observations vide our letter no.4058 dated .....

K.P. Sharma Vs. Union of India

Court : Delhi

Reported in : 51(1993)DLT670; 1993(27)DRJ65

..... 27/2/1992 passed under section 105 of the act and further direct the respondents to refund the said money to the petitioner within a period of two months from today.(5) there will be no order as to costs. ..... 's house and this is not the money in respect of which it has been found that any offence has been committed. the necessary ingredients of section 105 of bsf act being absent the question of this amount being deposited in the government treasury could not arise.(4) we, thereforee, issue a writ of mandamus quashing the impugned order dated ..... in view of the finding of acquittal by the court, even if the said finding was not confirmed by the confirming authority, the provisions of section 105 of the said act are not attracted. section 105 applies and would entitle confiscation of money, in a case like the present, only if the finding was that the petitioner was guilty of .....

Ajay Suryavanshi and Ors. Vs. Union of India and Ors.

Court : Delhi

..... commandant is not lowered the combat abilities of the force would be weakened and this would be detrimental to the security of the nation.9. border security force was created by an act of the parliament on december 01, 1965 as an armed force of the union, for the purpose of border security and matters connected therewith.10. the boarder security force is deployed in various capacities. even in war time ..... , it guards the border being the first line of defence, and during .....

Ajeet Kumar vs.uoi and Ors.

Court : Delhi

..... 10) by promotion (6) not applicable (7) not applicable (8) not applicable (9) not applicable (11) the a service and possessing promotion- deputy commandant of border security force with five years regular service in the grade with total ten years group following qualification, namely:-"(a) should have successfully completed pre-promotional course or courses as prescribed by the ..... not remedying the manner in which they had acted, had necessitated filing of unwarranted writ petitions.9. pursuant to the aforesaid observations of the court, the petitioner s representation, upon being duly recommended by the ..... the eligibility condition of service of two years in a duty battalion. the court was constrained to observe that the respondents had not only failed to act in accordance with the principles laid down in its judgment dated 27.10.2009 in the case of ashok kumar (supra), but even their action in .....