Court : Supreme Court of India
Decided on : Mar-30-2001
Reported in : AIR2001SC1877; [2001(89)FLR599]; JT2001(4)SC306; 2001LabIC1406; 2001(3)SCALE150; (2001)4SCC309; [2001]2SCR927; 2001(2)SCT1085(SC); 2001(3)SLJ257(SC); (2001)2UPLBEC1163
..... posts after serving for ten or more years but less than 20 years are entitled to pension/pensioner benefits under the relevant provisions of the border security force act, 1968 (hereinafter referred to as 'the bsf act') and the border security force rules, 1969 (hereinafter referred to as 'the bsf rules') or the central civil services (pension) rules, 1972 (hereinafter referred to as ..... w.e.f. 1st march, 1994 and for release of past arrears of pension with interest. it is the case of the respondent that he joined board security force (hereinafter referred to as 'bsf') as a constable on 15.1.1981 and continued to serve till he submitted his resignation on 11.2.1994 under rule ..... governed by the ccs (pension) rules. it is his submission that in case resignation of member of the force is accepted it would not mean that he has retired from service. resignation would mean voluntary act of quitting the job/service and implies that employee though fit in all respects decides to quit and leave the .....
Tag this Judgment!Court : Delhi
Decided on : Mar-23-2001
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 .....
Tag this Judgment!Court : Orissa
Decided on : Sep-28-2001
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 .....
Tag this Judgment!Court : Delhi
Decided on : Feb-19-2001
Reported in : 2001IIIAD(Delhi)376; 2001(58)DRJ282
..... and seriallized as one of the punishments under section 48 of the border security force act (in short 'bsf act'). 3. the respondents in these appeals were tried by the summary security force court on a charge under section 19(a) of bsf act for remaining absent without leave. during the course of their trials, the ..... of dismissal from service. 4. the respondents herein preferred statutory petitions before the director general, border security force under sections 117(2) and 128 of the bsf act. while exercising the appellate powers the director general, border security force converted the sentence of 'dismissal' to that of 'removal from service'. the respondents aggrieved by ..... that while exercising the appellate jurisdiction under section 117(2) and 128 of the act, the director general, border security force is not bound to confine his order to the punishments as seriallized under section 48 of the bsf act. the appellate authority can exercise the powers enumerated under sections 117(2) and .....
Tag this Judgment!Court : Delhi
Decided on : Mar-23-2001
Reported in : 91(2001)DLT291
..... his wife and two minor children and will be referred to hereinafter as respondent) was enrolled in the border security force (bsf) as a constable in april 1988 and became subject to the border security force act (hereinafter the act). and border security force rules (hereinafter the rules). in october 1993 he was posted in 'b' coy of 92 battalion bsf ..... act i.e. the personnel of the b.s.f.(b) if a civil offence is committed by such person (i) in any place in india, or (ii) in any place outside india.16. this section enables the trial and punishment of border security force personnel or officer by a security force court. where both security force ..... court and ordinary criminal court have jurisdiction to try a member of the bsf the option to decide the forum rested with the force authorities and the criminal court would not have any jurisdiction .....
Tag this Judgment!Court : Delhi
Decided on : Nov-09-2001
Reported in : 96(2002)DLT23; 2002(62)DRJ875
..... by the order passed by respondent no. 2, director general of border security force (for short 'bsf'), dismissing the statutory petition filed by the petitioner against his conviction and sentence passed by the summary security force court (for short 'ssfc') under the boarder security force act, 1968.2. brief facts which are necessary to dispose of this ..... sub inspector suresh chand proceeded for border on 7.10.1995. he came back on 9.10.1995 and was summoned by his superior assistant commandant m.a. sayeed and he asked him to give a written complaint regarding the incident. the summary security force court trial was held and the petitioner ..... is allowed and the order passed by respondent no. 2 rejecting the petitioner's statutory complaint is accordingly set aside. the proceedings of the summary security force court, the conviction and sentence awarded to the petitioner and set aside. the petitioner is consequently entitled to reinstatement in service with all consequential benefits .....
Tag this Judgment!Court : Delhi
Decided on : Nov-08-2001
Reported in : 97(2002)DLT45; 2003(1)SLJ71(Delhi)
..... as 'friend of accused' inorder to assist the petitioner. 10. on 12th august, 1996, the petitioner wastried by the summary security force court in strictcompliance of all the procedural requirementsprovided under the bsf act and rules. during thecourse of the aforesaid trial, the charges framedagainst the petitioner were read over and explainedto him in hindi in ..... and ors. ; inc.w.p. no. 4687/2001 disposed of on 4th september,2001. 13. in view of the records of the proceedingsof the summary security force court, the contentionof the petitioner that he did not plead guilty isalso without any merit. in that view of thematter, i find no merit in this petition ..... , i proceedto dispose of this writ petition. 7. the records read with the statements madein the counter affidavit indicate that the petitioner was recruited in the border securityforce on 23rd june, 1990 and thereafter he wasdismissed from service in the year 1996. the petitioner had thus rendered about six years ofservice. the service .....
Tag this Judgment!Court : Delhi
Decided on : Dec-06-2001
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 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-29-2001
Reported in : 2002(1)MPHT48; 2002(2)MPLJ148
..... , but his previous service should be counted. in that case, a sub-inspector, who had been appointed as such in the border security force, had been transferred on deputation to delhi police and on being permanently absorbed, his previous service with the border security force was directed to be counted.8. in the present case, according to the appellant, himself all the assets and liabilities of ..... the panchayat, where the petitioner/respondent had been employed, had been transferred and were to vest in the corporation. section 3 of the m.p. municipal corporation act, envisages statutory fiction in regardto the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-27-2001
Reported in : 2001ALLMR(Cri)1549; (2001)3BOMLR479
..... s. act speaks about the power of entry, search, seizure and arrest without warrant or authorisation. it states that (1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is ..... sample packets were in his personal custody. he has further deposed that the said room was locked and the keys were with him and that there was also adequate security maintained in the room. thus it is clear from the deposition of p.w.-6 that there was due compliance of section 52(3)(a) r/w section ..... the seals of the contraband.ms. p.h. kantharia/khokawala, the a.p.p., appearing for the state in criminal appeal no. 263 of 1996 submitted very forcefully that in the present case the evidence of the police personnel is corroborated by independent witnesses and assuming that there is a discrepancy here and a discrepancy there in .....
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