Court : Delhi
Decided on : Apr-25-2006
Reported in : 2006(88)DRJ856
..... frontier (annexure p.4), and the order of the director general, bsf rejecting the statutory petition filed by the petitioner under section 117(2) of the border security force act, and a writ, order or direction in the nature of mandamus to reinstate the petitioner with all consequential benefits for the intervening period. 2. the petitioner ..... during the pendency of the writ petition the petitioner moved an application for suspension of his sentence on the ground that under section 130 of the border security force act, sentence can be suspended by the director general or any other empowered officer and the petitioner having already served sentence of six years and two months ..... shall be communicated to this court. pursuant to the orders of this court, the director general in exercise of his powers under section 130 of the border security force act passed an order on 26th september, 2005 by which the sentence of the petitioner was suspended for a period of six months pending the hearing of .....
Tag this Judgment!Court : Delhi
Decided on : Jan-16-2006
Reported in : 2006(87)DRJ108
..... central government dismissing the post-confirmation petitions in respect of an army personnel challenging such court martial verdicts and the same analogy of the army act applies to the border security force act as the provisions of the army act and the border security force act are pari materia.7. the pleas of the learned counsel for the petitioners, mr. r.p. sharma, mr. bishram singh and ms. jyoti singh ..... section 116 read with the rules 103-133 of the army act, 1958. the summary security force court is held under section 74 read with rules 133-161 of the border security force act. general court martials under the army act are akin to security force courts and summary court martials are akin to summary security force courts under the bsf act.4. the brief facts of the representative case, wp.no.9427 .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-24-2006
Reported in : 2006(2)JKJ234
..... . 02/2006) questioning the judgment of the writ court, his conviction and sentence, on a short ground, that his trial by the general security force court is vitiated because of flagrant violation of border security force act and border security force rules, hereinafter referred as act and rules respectively.2. mrs. surinder kour, learned counsel for the appellant, submits that appellant was denied opportunity of hearing and producing evidence by ..... or by the competent authority in directing his trial while exercising jurisdiction and authority under section 59 on the advice of the law officer, which institution is provided by the border security force act and rules framed thereunder to ensure that provisions of law and rules are properly followed before exercising powers by the authorities constituted under the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-04-2006
Reported in : AIR2006SC938; [2006(1)JCR278(SC)]; JT2006(1)SC49; 2006(1)SCALE67; (2006)1SCC737; 2006(2)SLJ195(SC)
..... narrated in writ petition (c) no. 569/2001. the petitioners were holding different posts under the border security force (hereinafter referred to as 'the force'), constituted under the border security force act, 1968 (hereinafter referred to as 'the bsf act'). the first respondent is the union of india in the ministry of home affairs and the second ..... respondent is the director general of the border security force.3. on 27.12.1995 the second respondent with the ..... said rules provided he has put in requisite number of years of service and fulfills all other eligibility conditions.' (the rules referred to are the border security force rules, 1969, hereinafter referred to as 'the bsf rules') this g.o./circular provided that the competent authority may. 'having regard to the .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-01-2006
Reported in : [2006(1)JCR422(Jhr)]
..... and 5th november, 2003, sent on his leave address but neither he reported for duty nor sent any information/reply to the said letters. as per section 62 of the border security force act, 1968, court of inquiry was ordered vide officer order no. 13271-76 dated 27.12.2003 and apprehension roll was also issued to the superintendent of police, gopalganj. a show ..... .4. petitioner's case is that he overstayed the leave of two month, by six months as he was suffering from lumbo sciatica syndrome. relying on rule 22 of the border security force rules, 1969, it is submitted that departmental proceeding should have been initiated against him before passing the impugned order of dismissal. he relied on the judgment of this court in .....
Tag this Judgment!Court : Delhi
Decided on : Jul-13-2006
Reported in : 131(2006)DLT228; 2007(3)SLJ496(Delhi)
..... (copy of this order is annexed to the petition as annexure p-3). the petitioner had preferred an appeal against this order in terms of section 117 of the border security force act. however, on 9.4.85 the petitioner was informed that the appeal of the petitioner had been rejected. both these orders have been challenged by the petitioner in this ..... swatanter kumar, j.1. the petitioner was serving as a head constable being head constable no. 66243089 in the 22nd battalion of the border security force with headquarters at firozpur, punjab. by that time the petitioner had put in nearly 18 years of service. the competent authority on 11.1.84 issued a show ..... overstaying leave granted to him 'reprimand'.(g) under bsf act 21 (2): disobeying a lawful command given by his superior officer 'severe reprimand'.with above report of punishment, i have come to the conclusion that you are a habitual offenders and considered not fit for retaining in the force.you are directed to forward your reply to the show .....
Tag this Judgment!Court : Delhi
Decided on : Sep-07-2006
Reported in : [2008]87SCL51(Delhi)
..... singh, upon a consideration of the statutory scheme and legislative intent, the apex court held that the authority which disposed of a post-confirmation petition under the border security force act, 1968 and rules framed there under is not a court and every order passed administratively cannot be subjected to the rigors of principles of natural justice.62 ..... 399(4).28. it is noteworthy that the statutory scheme contains a similar power under section 237 of the companies act. this section again empowers the central government to appoint investigators to investigate the force of a company and to report thereon if, inter alia, 'in the opinion' of the central government, there ..... limited case (supra); (ii) sub-section 5 of section 399 of the companies act empowers the central government before authorising any member or members as contemplated by sub section 4 to require the applicant or applicants to give security for the payment of any costs which the court dealing with the application may order .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-23-2006
Reported in : [2006(110)FLR277]; [2006(2)JCR353(Jhr)]
..... of powers conferred by proviso to section 47 of the disabilities act, 1995. by the said notification, the central government has exempted all categories of posts of 'combatant personnel' of central para-military force; central reserve police force; central industrial security force; indo-tibetian border police; border security force; and assam rifles. it was submitted that all categories of ..... posts of 'combatant personnel1 having been exempted from the rigor of section 47 of the disabilities act, 1995, it was open to the respondents to ..... s.j. mukhopadhaya, j.1. the petitioner was in the services of the border security force (hereinafter referred to as the b.s.f.). in the extremist attack in jammu & kashmir state, he sustained bullet injuries resulting .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-24-2006
Reported in : ILR2007KAR485; 2006(4)KCCR2695; 2006(6)AIRKarR272
..... 7-10-2001 and 27-2-2002 produced as annexures-'a' and 'k'. as per annexure-'a', the petitioner basavaraj who is a constable in the border security force was dismissed from service with effect from 7-10-2001. as per annexure-'k' order, the statutory petition filed by the writ petitioner against the dismissal ..... -2001 in the special train carrying troops from samba to farrakka, proceedings were initiated against the petitioner and he was tried by the summary security force court (ssfc) tinder the bsf act. the allegation was that during a quarrel between head constable puran singh and head constable b. balakrishnan, the petitioner intervened and while separating ..... head constable puran singh and head constable balakrishna had taken place and the petitioner had intervened. the area of dispute is only with regard to the acts done by the petitioner in the process of separating the quarrelling superiors. there are different versions regarding the cause of injury suffered by puran singh. according .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-04-2006
Reported in : 2007(1)WLN453
..... the petitioner's husband was habitual offender of consuming liquor on duty.11. we find that section 26 of chapter - iii of the boarder security force act, 1968 (hereinafter referred to as the 'act of 1968' only) defines offence for intoxication and punishments to be awarded. it is not the essential ingredients of a charge of misconduct of ..... (c) of section 48 is a lesser punishment and could have been inflicted to the incumbent in terms of section 26 of the act of 1968 on being punished by summary security force court.20. learned counsel for the appellant contends that once the offence under section 26 is proved to have been committed by the incumbent ..... . in that view of the matter, no interference was called for with the punishment imposed by the security force court in exercise of the powers vested under the statute as it has acted within his jurisdiction and not acted unreasonably in punishing the petitioner's husband. it is rather unfortunate that soon after the appeal was rejected .....
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