Court : Kolkata
Decided on : Apr-04-2008
..... forfeiture of one year seniority for the purpose of promotion subject to confirmation by the director general under section 107 and section 108 of the border security force act. the entire proceeding was forwarded by the law officer to the confirming authority. the petitioner made an application before the director general praying for ..... proceeding against him by issuing charge sheet for commission of offence under section 40 and section 46 of the border security force act. by order dated 22nd august, 2007, the inspector general conveyed the general security force court trial against the petitioner on and from 30th august, 2007 and such trial was completed on 10th september ..... setting aside the order of punishment. the said application is still pending awaiting decision by the confirming authority being the director general, border security force. 2. while the petitioner on leave, the director general sent a signal on 18.10.2007 to the commandant, 106 battalion, ndrf for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-2008
Reported in : 2008(16)SCALE253; (2009)3SCC97:2009AIRSCW163:2009(1)LHSC93
..... while undergoing ri, which is total defiance of authority.he was put to trial before a summary security force court on the aforementioned two charges in terms of the provisions of the border security force act, 1968 (for short, 'the act') and the rules framed thereunder.4. he pleaded guilty to both the charges. he was dismissed ..... from service. a statutory petition filed by him under section 117 of the act was rejected by the director general of border security force by an order dated 28. ..... counsel appearing on behalf of the appellant apart from the contentions raised before the high court, urged:i. as 'kalipada mandal', another constable of the border security force having also absented from the duties and no action having been taken against him, the entire proceeding against appellant is vitiated in law.ii. the purported .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-17-2008
Reported in : 2008(3)ALD719; 2008(3)ALT220
..... received by him, including the show-cause notice dated 20.2.2003. he submits that the procedure prescribed under section 11 and other provisions of the border security force act (for short 'the act') and the rules made thereunder, was not followed. according to the learned counsel, there was a serious default, on the part of the respondents, ..... the petitioner joined the border security force as a constable, in or about the year 1988. after completion of the training, he was deployed on the indo-pak border at komalpur in the year 1990. he served at various places, and by the year 2002, he was posted at kutch/bhuj on the indo-pak border.in september 2002, ..... commission of offence. punishments are provided for under chapter iv of the act. chapter v prescribes the procedure for arrest of the persons accused of offences, as well as the one to be followed before trial. chapter vi contains the procedure followed by security force courts. the petitioner does not dispute that he absented for five years .....
Tag this Judgment!Court : Delhi
Decided on : May-12-2008
Reported in : 2008(104)DRJ749
..... pleading guilty and that he understands the nature of the charges. the tenor of what is recorded is almost verbatim of what is required as per rule 142 of the border security force rules, 1969 (hereinafter referred to as the 'said rules'). rule 142 reads as under:142. general plea of 'guilty' or 'not guilty'.--(1) the accused person' ..... that it was si chattar singh and hc bala ram who had abused the petitioner and assaulted him. on a fresh charge sheet dated 30.5.2004, summary court force proceedings were held. on 7.6.2004, the petitioner is alleged to have pleaded 'guilt' to the first three out of the four charges while pleading 'not ..... aside and the director general, bsf was asked to consider afresh the statutory petition filed by the petitioner in terms of section 117 of the bsf act, 1968 (hereinafter referred to as the 'said act') and pass appropriate orders, the director general, bsf was also directed to examine the question of proportionality of sentence.7. the director general, bsf .....
Tag this Judgment!Court : Delhi
Decided on : Aug-07-2008
Reported in : 152(2008)DLT663
..... petitioner is serving as commandant in the border security force. he is facing trial by the general, security force hereinafter referred to as gsfc for disobedience of lawful command given to him, malingering and for making false allegations against his superiors punishable under sections 21(2), 24(b) and 35(a) of the bsf act, 1968. the charges framed against the ..... kumar ghosh, dig, sts bangalore as pw-1, sh. mohan lal verma, dig (coord) fhq as pw-2, sh. r.p. singh, inspector general, ig (adm) force head quarters, border security force, new delhi as pw-3, sh. m.s. sharma, commandant 195, batallion, bsf as pw-4, dr. h.s. shekhawat, cmo(sg), 128 batallion, bsf as pw ..... of overall mechanism by which the military discipline is preserved. it is for the special need for the armed forces that a person subject to army act is tried by court-martial for an act which is an offence under the act. court-martial discharges judicial function and to a great extent is a court where provisions of evidence .....
Tag this Judgment!Court : Delhi
Decided on : Jan-25-2008
Reported in : 148(2008)DLT267; 2008(101)DRJ207; 2008(3)SLJ388(Delhi)
..... petitioner was issued on 11.05.1998. it is further submitted that the petitioner's name was shown in the combined seniority list maintained by the directorate general border security force (personal), where he was shown as promoted on 24.08.1998. 12. we have given our anxious consideration to the submissions made at the bar. ..... benefits.2. the facts giving rise to the filing of the present writ petition may be summarized as under:3. the petitioner was a sub-inspector in the border security force (for short 'the bsf'). at the time of undergoing platoon commander (tactics) course (hereinafter referred to as 'pc(tac)') held between 13.01.1997 to ..... jlc and the u.n. mission, the petitioner choose to join the u.n. mission. disobedience of orders of the force headquarter, would have lead the respondent's to issue disciplinary proceedings against the petitioner under section 21 border security act, 1968, which reads as under:21. disobedience to superior officer. - (1) any person subject to this .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-03-2008
Reported in : RLW2009(4)Raj3567
..... case, it is clearly revealed that the petitioners were not appointed under any service rules; and, so also, they were engaged as volunteers and deployed with the border security force and they are not required to work regularly and their voluntary service can be utilized after empaneling as and when their voluntary service is required. therefore, the petitioners ..... of issuing any direction to the respondents for granting the benefit of regularization or absorption who are admittedly appointed as volunteers by the government under the rajasthan home guards act, 1963 and rajasthan home guards rules, 1962.29. in this case, the writ petition has been filed by 658 persons. of course some persons are working ..... are dismissed. there shall be no order as to costs.14. before parting with this case, we would like to observe that the home guards act in [several states appears to be misused. hence, the central government may consider not releasing funds for the home guards in a state where the provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-15-2008
Reported in : (2008)2PLR142
..... p. no. 17053 of 2003 titled nand lal v. union of india decided on november 01, 2004, has granted pension in case of resignation of a member of border security force (hereinafter to be referred as 'bsf').3. in reply, it has been pointed out that the writ petition is liable to be dismissed on the ground of delay ..... pension rules and that the provisions of indo-tibetan border police act, 1992 (hereinafter to be referred as 'itbp act') and the rules framed thereunder are not applicable in view of section 157 of the itbp act as the petitioner was not in the strength of itbp when the aforesaid act came into force.4. learned counsel for the petitioner has relied ..... attainment of the age of retirement. however, in the present case, it is 1972 pension rule which are applicable. the itbp act and the rules framed under the said act came into force in the year 1992, whereas the petitioner has submitted his resignation in 1976 and at that time his service conditions were governed by the aforesaid 1972 .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-04-2008
Reported in : RLW2009(1)Raj893
..... act of 1955 which reads as under:section 42: power of entry, search, seizure arid arrest without warrant of authorisation-(i) any such officer (being on 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 central government or of the border security force ..... (d)....6. the above provision authorises the departments of central excise, narcotics, customs, revenue intelligence or any other department of central government or of the border security force as is empowered in this behalf by general or special order by the central government and these officers should be superior in rank to a peon, sepoy ..... 400 gms. is alleged to have been recovered from his possession on the day when the notification dated 16th october, 1986 was not in force and whereby the police officers of the state government were not authorised to arrest the accused and seize the contraband articles from his possession. it .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-27-2008
Reported in : ILR2008KAR1933; 2008(5)KarLJ583; 2008(2)KCCRSN90
..... ground level reservoir and this is the main pipeline supplying water to the western and northern pert of bangalore city, alongwith new bangalore international airport, indian air force, border security force premises etc. the pipeline is in service for all 24 hours and 365 days of the year. if the proposed work of shifting the pipeline is taken up ..... line,15. it is contended that the transmission line exists in a prohibited area as laid down under section 29 of the bangalore water supply and sewarage board act, 1964, and therefore, no structure or road can be constructed over the water tine. the petitioners cannot as a matter of right, claim or demand that ..... and that the petitioner have every right to execute the project and the components thereof, it would follow that the respondents have a duty cast on them to act in tandem with the petitioners in executing the project notwithstanding, the hurdles that required to be taken in stride. the respondents seeking to procrastinate on the ground .....
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