Judgment Search Results Home > Cases Phrase: border security force act 1968 section 84 challenge Court: delhi Page 3 of about 5,099 results (0.122 seconds)

Som Beer Singh Vs. Union of India

Court : Delhi

Reported in : 70(1997)DLT421

..... his unit for more than 30 days - and thereby overstayed beyond the leave period. a one-man court of enquiry under section 62 of the border security force act (hereinafter referred to as 'the act') was constituted. based upon the opinion of the court of enquiry, it is alleged that the petitioner was declared 'deemed to be a deserter'. ..... petition are under challenge in this petition filed by the petitioner under article 226 of constitution of india. (2) the admitted facts are: that the petitioner was enrolled in border security force (for short 'bsf') on 15th april, 1988, and joined 124 bn. bsf. he was posted to 22 bn. bsf on 28th january, 1989. sixty days ..... against him; since absence without leave is an offence for which the petitioner could be charged with the said offence and tried by security force court in accordance with the provisions of the act and the rules framed thereunder; were not initiated. even an opinion was not formed that it was not feasible to try the petitioner .....

Major Singh Vs. Union of India (Uoi)

Court : Delhi

Reported in : 1999(48)DRJ601

..... sheeted under section 48 of border security force act for alleged commission of an act prejudicial to good order and discipline of the force. record of evidence was prepared on the basis of which trial by summary security force court was ordered by the commandant against the petitioner. after the trial, the summary security force court convicted and sentenced the ..... and, thereforee, he should have imposed a punishment below that of the dismissal as envisaged under the provisions of section 48 of the bsf act.4. counsel for the petitioner further submits that the punishment imposed by the disciplinary authority is disproportionate to the offence alleged against the petitioner.5 ..... preferred the present writ petition.3. counsel appearing for the petitioner states that the punishment of removal is not envisaged under the provisions of bsf act and the rules framed there under and, thereforee, the director general had no power and jurisdiction to impose a punishment on the petitioner which .....

Chanderpal Singh Vs. Union of India (Uoi)

Court : Delhi

Reported in : 1999(48)DRJ566

..... was charge-sheeted under section 19(a) of border security force act for having absented from active duties without leave. record of evidence was prepared on the basis of which trial by summary security force court was ordered by the commandant against the petitioner. after the trial, the summary security force court convicted and sentenced the petitioner to the ..... preferred the present writ petition. 3. counsel appearing for the petitioner states that the punishment of removal is not envisaged under the provisions of bsf act and the rules framed there under and, thereforee, the director general had no power and jurisdiction to impose a punishment on the petitioner which is ..... , thereforee, he should have imposed a punishment below that of the dismissal as envisaged under the provisions of section 19(a) of the bsf act.4. counsel for the petitioner further submits that the punishment imposed by the disciplinary authority is disproportions of the offence alleged against the petitioner. 5 .....

Union of India and ors. Vs. B.N. Jha

Court : Delhi

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 .....

Amar Singh Bhati Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 112(2004)DLT301; 2005(2)SLJ172(Delhi)

..... it would relevant to point out that the petitioner had submitted post confirmation petition dated 23rd january, 2001. he had also filed a statutory petition under rule 117 of the border security force rules. however the central government did not take any decision thereon with the result sentence of the petitioner started. when legal notice dated 2nd may, 2001 also did not ..... a.k. sikri, j.1. the petitioner is an ex-assistant commandant who was serving with border security force (bsf). he had joined the bsf as a constable in the year 1966 and, after getting few promotions during his service career, had risen to the rank of ..... the union' raised for inspiring the security of the borders of the country, to discharge this onerous responsibility, a very high standard of discipline is required among all members of the force. the offence under section 46 of the bsf act, for committing a civil offence, that is to say, criminal misconduct, for having been, as public servant, found in possession of .....

Mahender Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 142(2007)DLT371; 2007(95)DRJ342

ordert.s. thakur, j.1. the petitioner was enrolled as a constable in the border security force against a vacancy reserved for scheduled caste candidates. on 25th october, 2003, he was posted at op no. 2 on the madera duty post under the over all charge of ..... is a matter which can, in our opinion, be more appropriately left to be examined by the director general in the proceedings initiated before him under section 117 of the act. the present petition must however succeed on the alternative ground urged by mr. singh before us, namely, that the director general had not examined the matter satisfactorily nor passed a ..... the non-filing of said proceedings could have disabled the director general from exercising his powers under section 117 of the bsf act especially when he had access to and could indeed summon the entire trial record from the summary security force court to examine the legality of the conviction and the procedural regularity of the trial. be that as it may, the .....

Const. Jaibir Singh Vs. Union of India

Court : Delhi

..... report before commandant 1st bn. bsf on 15th oct 2003, for committing offences u/s 20(a) i.e. using criminal force to his superior (first charge) and section 26 intoxication (second charge) of border security force act 1968. all the three accused persons pleaded not guilty of 1st charge and guilty of 2nd charge, hence competent authority issued ..... orders to prepare record of evidence of the case by shri g.p.das, ac, 1st battalion border security force".15. it is then urged that the first charge ..... is vague inasmuch as the role of the accused is not assigned/described in the charge. it is urged that it has not been stated that the accused acted with a common intention or a common object or .....

ex.head Constable Moti Singh vs.uoi & Ors.

Court : Delhi

..... hon'ble mr. justice anil kumar chawla indira banerjee, j judgment1 the short question involved in this writ petition is whether the summary security force court constituted under section 64 of the border security force act 1968, was justified in imposing on the petitioner the sentence of rigorous imprisonment for 6 months in civil prison and dismissal from service ..... 3 of 10 7. on or about 12.05.2005, the petitioner made a statutory petition to the respondent no.2 under section 117 of the border security force act. the statutory petition was rejected by an order dated 26th october 2005.8. in this writ petition the petitioner has challenged the sentence of the summary ..... court as revised by the dig station headquarters as also the order dated 26.10.2005 of the director-general border security force rejecting the statutory petition filed by the petitioner.9. from the record of evidence it appears that about four witnesses were examined. one j.r. .....

Union of India Vs. Sandeep Malik

Court : Delhi

Reported in : 1995IVAD(Delhi)745; 60(1995)DLT885; 1995(35)DRJ464

..... 12) it will be seen that the defense had no objection to this procedure being adopted. it was not contended that the procedure under section 91(4) of the border security force act, must be followed. (13) the victim public witness 6 miss razia khatoon was examined on 23.6.92 on the indian side at zero line. she gave her ..... and is clearly not mandatory. just as there are provisions in the civil procedure code . or cr. p.c. for obtaining evidence on commission, there is procedure indicated in the border security force act also. supposing, on a communication from the court in india to witnesses in a foreign country, - say through officials or lawyers - the indian court is able to ..... of issuing a commission to summon a witnesses abroad as envisaged by section 91(4) of the border security force act (read with section 285 of cr.p.c.) is mandatory and is, in our view, not correct. section 91(4) of the border security force act reads as follows: 's.91(4): when the witness resides in a tribal area or in .....

Satpal Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 116(2005)DLT607; 2005(80)DRJ263; 2006(2)SLJ240(Delhi)

..... to have an advocate to represent him at the trial and being not well conversant with english, he could not understand the proceedings before the summary security force court and the trial was, thus, conducted in gross violation of principles of natural justice. it is also pleaded that the penalty of dismissal from ..... that the same was passed illegally and arbitrarily, without any valid reasons, in violation of principles of natural justice. according to the petitioner, the summary security force court failed to consider the evidence on record. it is added that the petitioner was not subjected to any medical examination and no medical report was ..... and his erratic behavioral pattern witnessed no improvement even on his posting to a sensitive area close to the international border. indiscipline breeds indiscipline. any disciplined force can ill-afford to acquiesce the acts of indiscipline by a soft paddling approach when enforcing discipline with an iron hand is dire need in all eventualities. .....