Court : Delhi
..... regard to his functioning and aptitude.10. this court has considered the submissions of the parties. section 10 wp (c) 5874/2000 page 6 of the border security force (bsf) act, 1968 empowers the central government, subject to the provisions of the said enactment and rules framed, to dismiss or remove from service any person subject to the ..... , 1969. the petitioner was compulsorily retired from service by the said impugned order.2. the brief facts necessary for deciding the case are that the petitioner joined the border security force (bsf) on 2.1.1995 as a probationer assistant commandant and was posted to murshidabad, west bengal. on 24.5.1997, the commandant of his battalion ordered ..... 1st, 4th and 5th charges and recommended that he ought to be tried by the general security force court (gsfc) for the 2nd and 3rd charge.3. the 2nd and 3rd charges leveled against the petitioner are as below: second charge bsf act, sec 3.(a) in a document signed by him knowingly making a false statement. at .....
Tag this Judgment!Court : Delhi
..... in w.p.(c) no.6680/2017 (tanaka ram v. union of india), which was in the context of the employees of the border security force, which was upheld by the supreme court by dismissal of the slp (c) no.252(union of india v. tanaka ram) on ..... (c) no.11(patil gopal babulal v. union of india), which was in the context of persons working with the indo tibetan border police (itbp).6. it requires to be noticed at the outset that at the time when advertisement no.1/2002 was issued, ..... of pension, gratuity, leave travel allowance etc., whatever was applicable to central government employees would be made applicable to members of the force, which includes the gref.7. it has been explained by this court in its judgment dated 27th march, 2017 in w.p.(c ..... fact has been confirmed in a response dated 15th november, 2010 from the general reserve engineer force ( gref ) centre at pune to one of the... petitioners, pursuant to an application under the rti act, 2005. w.p.(c) 3671/2019 page 1 of 4 3. at the outset .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... the unit was deployed in the desert sector, he was posted along with a few other personnel of his unit to a forward observation post, which was manned by the border security force. nb. sub puran singh of his unit was also posted to the same post. there was a quarrel between the appellant and nb. sub puran singh, wherein nb sub puran ..... , the writ petition was transferred to this bench and is being disposed of by treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the appellant joined the indian army in the rajput regiment on 22.8.1980 and was posted to 19 rajput after training. it was urged that purely in ..... was present throughout the proceedings and that the proceedings were conducted in his presence. 12. it was also stated by the respondents that there was no question of the appellant acting in self defence, because nb sub puran singh had given a categorical statement that the appellant had hidden the iron picket in his clothes and had removed the iron picket .....
Tag this Judgment!Court : Delhi
..... : hon'ble mr. justice pradeep nandrajog hon'ble ms. justice pratibha rani pradeep nandrajog, j.1. the writ petitioner had joined service as constable (gd) with the border security force on a date not disclosed in the pleadings of the parties but it appears that it was around the year 1989 for the reason the pleadings of the parties would ..... in respect of which record of evidence had to be drawn up. the charge was of having committed an offence punishable under section 19(b) of the bsf act, 1968, which makes it an offence to overstay leave granted without a sufficient cause. in the charge it was indicated that having been granted five days casual leave ..... documents being proved, pithily stated the same would be that on october 08, 2001 the petitioner was tried by a summary security force court for having committed an offence punishable under section 16(d) of the bsf act i.e. leaving the duty post without permission of the superior officers, for which he was levied penalty to undergo rigorous .....
Tag this Judgment!Court : Delhi
..... the petitioners was with reference to different upper age limits prescribed in the border security force, central industrial security force etc. there can be variation in the upper age limits, as recruitment rules for different forces as per requirements, can vary. in several forces, there is a separate limited ldce quota, in addition to promotion ..... examination (ldce). the quota is nothing but promotion and cannot be equated with direct recruitment. accordingly, the submission is that the respondents have acted illogically and arbitrarily by reducing the upper age limit for departmental candidates for 10% reserved quota in the direct recruitment category from 40 years to ..... the government has deliberately and intentionally applied the amended rules. the challenge on the ground of alleged violation of section 147 of the delhi police act was repulsed.8. the tribunal thereafter for the reasons recorded gave the following directions:-"though mrs. avnish ahlawat, 31. learned counsel has given .....
Tag this Judgment!Court : Delhi
..... ble the chief justice hon'ble mr. justice v.k. jain order 15 04.2013 % 1. the appellant before us hails from jammu and kashmir and was working in border security force (bsf). he was allotted a govt. accommodation bearing not c-326, sarojini nagar, new delhi before he superannuated on 30th june, 2005. since he did not vacate ..... for which he could retain the said accommodation after his superannuation, proceedings under public premises (eviction and unauthorized lpa no. 608/2008 page 1 of 6 occupants) act were instituted against him. the eviction order passed against him by the estate officer was upheld by the appellate court. the appellant then filed a wp (c) ..... the plea that the prevailing conditions in jammu and kashmir were not conducive enough to ensure their safe return to their respective native place and therefore they were forced to stay in delhi. a learned single judge of this court allowed the writ petitions filed by them. being aggrieved from the order of the learned single .....
Tag this Judgment!Court : Delhi
..... to continue in service.15. had it been an ordinary service i.e. a ministerial job, one could have looked in the other direction, but as a constable with the border security force, the petitioner would be armed with arms and ammunitions in the discharge of his duties and if he has shown a suicidal tendency, it needs to be considered whether the ..... harpreet kaurs conduct. we are concerned with the conduct of the petitioner.13. in an extreme case where a person is left with no other choice, every suicide is an act of indiscretion because a person always has a choice and it is for this reason an attempt to suicide is made a penal offence. society places a very high value ..... which he deputed the deputy commandant of the unit to be the officer concerned. the charge against the petitioner is as under:-"bsf act 1968 sec 42 (c) attempting to commit suicide and in such attempt doing an act towards the commission of the same in that he, at bsf campus, sunderbani on 19/05/2009 at 1320 hrs, attempted to .....
Tag this Judgment!Court : Delhi
..... proceeding challenged an order dated 14.12.1998, dismissing him from the services consequent upon the findings of guilt, recorded in the summary security force court (ssfc). the findings and punishment were approved by the competent authority of the border security force (bsf) on 05.03.1999; the petitioners appeal was rejected on 22.11.1999.2. briefly, the facts are that the petitioner who ..... against the petitioner were as follows: charge sheet u/s 5.of bsf act no.89499341 ct/dvr dharambir singh of 16.bn bsf is charged with:charge-i bsf act 1968.section-40 an act prejudicial to good order and discipline of the force/ in that he, charge-ii bsf act 1968.section-20(a) on 31 aug98 at about 2120 hrs took out .....
Tag this Judgment!Court : Delhi
..... them without considering them for permanent absorption as per bsf rule-2012. wp (c) 3969/2016 page 1 of 7 2. the petitioners had joined the border security force (bsf) as constable(s) (general duty) on different dates between 1995 to 2002 and based on their technical qualifications were selected for deputation to the post ..... upon issuance of notice, the respondent bsf, has filed its counter affidavit. it has been submitted that as per section 44 of the disaster management act, 2005, a national disaster response force (ndrf) was constituted under the superintendence, direction and wp (c) 3969/2016 page 2 of 7 control of the national disaster management authority ..... the petitioners for their consideration for absorption is concerned, we agree with the submission of the respondents that ndrf being a separate force constituted under the disaster management act, the said force cannot be held to be a part of the bsf. ndrf is governed by its own recruitment rules and more specifically the .....
Tag this Judgment!Court : Delhi
..... j.:1. the challenge by the... petitioner in the present case is to an order dated 6th august, 2018 passed by the deputy inspector general ( dig ), shq of the border security force ( bsf ), siliguri directing the commandant 155th bn bsf to conduct a de novo trial on the charge sheet issued to the... petitioner. the... petitioner also challenges an order dated ..... dig shq bsf siliguri directed the commandant of the 155th bn bsf to conduct a de novo trial with due diligence & by following proper procedure as per the bsf act and rules on the basis of the roe dated 6th august, 2018 already conducted by the shq bsf siliguri.7. the... petitioner then made a representation on 30th november ..... 22 thereof which reads as under: 22. the object and intent of section 75 which has been incorporated in the bsf act is clearly to prohibit a second trial of the accused, whether by the security force court or by a criminal court, in all cases where the accused has been convicted or acquitted of an offence by a .....
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