Court : Delhi
..... rule 149 of the bsf rules, 1969 or by the appellate authority under section 117(2) of the border security force act, 1968. in the said case, the supreme court had carefully examined the provisions of rule 149 of the border security force rules, 1969 and observed that since in rule 149, which specifically governs the procedure of ssfc, has ..... or evil consequences ensue by reason of an administrative order. in the said case it was further held that the summary security force court (ssfc) should have passed a speaking order while convicting the member of the force. 20. however, the decision of this court in the matter nirmal lakara (supra) had been over-ruled by ..... coast guard (discipline) rules, 1983. the charges framed against the petitioner were as under:- (i) first charge: under section 19 (a) of coast guard act, 1978:- using criminal force to his superior officer. in that he, did, on 30-0397, while on board cgs vajra, at about 1140 hours strike his superior officer assistant commandant pb .....
Tag this Judgment!Court : Delhi
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
..... guilty and to direct the respondents to reduce the punishment from dismissal to any other punishment as per the provision of the bsf act. 2. brief facts to comprehend the disputes are that the petitioner had joined the border security force as a constable in august, 1990. subsequently, he was made to work as a constable driver at 151st bn shq siliguri. ..... the constitution of india was clearly impermissible. 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 ..... 55 he shall not be liable to be tried again for the same offence by a security force court or dealt with under the said sections. (2) when any person, subject to this act, has been acquitted or convicted of an offence by a security force court or has been dealt with under section 53 or section 55, he shall not be .....
Tag this Judgment!Court : Delhi
Reported in : 2003(67)DRJ618
..... a gradiation list of sis (pi comdrs.) approved for inclusion in list 'e'shall be maintained at the hqrs. of the bsf.' border security force act, however, was passed by the parliament in1968. section 141 of the border security force act, 1968 (in short the 'bsfact, 1968) provides : '141. power to make rules : (1) the central government may, by ..... notification, make rules for the purpose of carrying into effect the provisions of this act. (2) in particular and without prejudice to the ..... validity of anything previously done under that rule. 4. section 142 provides that the border security force in existence at the commencement thereof would be deemed to be the force constituted under the act and the members of the said force would be deemed to have been appointed or enrolled as such there under.5. .....
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..... us any longer.29. the respondents have also made a complaint that the said jawan had indulged in several other acts of indiscipline. inasmuch as these acts are the subject matter of consideration by the respondents in accordance with the provisions of the border security force act, we are not required to go into the matter. we refrain from commenting thereon.30. we note that it ..... . versus union of india & ors. .....respondents through : mr. sanjay jain, asg with mr. gaurang kanth, adv. coram: hon'ble the acting chief justice hon'ble ms. justice anu malhotra judgment (oral) gita mittal, acting chief justice1 this writ petition against the entire border security force and authorities, purporting to be in public interest, is premised on the unsubstantiated, bald statements in a video which went .....
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..... the statutory petition filed by the petitioner has been rejected mechanically without giving any reason and therefore, it is not sustainable. while deciding the statutory petition/appeal, the director general, border security force acts as a quasi judicial authority, therefore, it is incumbent upon him to consider the case and pass a reasoned order, giving reason for acceptance or rejection of the pleas of ..... but applies to the record and announcement of finding by the general security force court and the petty security force court. as per the scheme of the border security force act, 1908 & rules thereunder, rule 99 is mentioned in chapter 9 which relates to procedure for security force courts.16. so far as the summary security force court is concerned, there is a separate chapter assigned to the proceedings and the procedure .....
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..... only records that the roe be prepared and is signed by the commandant. according to the learned counsel for the petitioner rule 45 of the border security force rules, 1969 contemplates that the charge will be heard by the commandant and thereafter, the charge and statements of the witnesses should be read over ..... reinstatement with full back wages and all consequential reliefs. 2. brief relevant facts to comprehend the dispute are that the petitioner was enrolled with the border security force at bsf stc bangalore and after his enrollment he completed his basic training. thereafter, he was posted to the unit on 18th february, 1994. the ..... border. the charged officer had pleaded not guilty and thereafter, the record of evidence was ordered to be prepared to the two charges which were framed against him. on the basis of record of evidence, the competent authority had passed an order for trial of the accused constable by summary security force court on a charge under section 40 of the bsf act .....
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..... bearing no. 330, d-6, vasant kunj, new delhi to the petitioner.3. relying upon the definition of enemy given in section 2(j) of the border security force act, 1968, which defines enemy to include all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any ..... the defence category, the allotment would be cancelled.2. the petitioner sought information from various authorities with respect to definition of the expression war widow. the border security force vide letter dated 12.06.2012 informed dda that the husband of the petitioner had sacrificed his life in a militant attack on 16.08.1992, while ..... in this regard, delhi development authority should not lose sight of the fact that the officers and jawans of para-military forces such as border security force are constantly engaged in an important duty in the security of the nation, at tremendous risk to their life and, therefore, attempt should be to give an interpretation which is .....
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..... dig calling upon the... petitioner to explain why they should not be asked to resign in terms of rule 20 of the border security force rules, 1969 ( bsf rules ) read with section 10 of the border security force act ( bsf act ). subsequently, during the pendency of the present writ petition, an order dated 17th june, 2009 was passed by the ..... november, 2003.15. on 8th february, 2003 three accused subordinate officers were charge- sheeted. roe was ordered on charges under sections 25 and 40 of the border security force act (bsf act). during the pendency of the roe, the headquarters bsf, north bengal frontier ordered a staff court of inquiry (scoi) to inquire into the incident, as ..... person is held guilty of a major offence punishable under the act, award him a sentence. on the other hand, ssfc is for lesser offences and has limited powers as regards sentences.67. the ordering of the gsfc is a matter of discretion under the border security force rules, 1969 (bsf rules). a record of evidence ( .....
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..... dig calling upon the... petitioner to explain why they should not be asked to resign in terms of rule 20 of the border security force rules, 1969 ( bsf rules ) read with section 10 of the border security force act ( bsf act ). subsequently, during the pendency of the present writ petition, an order dated 17th june, 2009 was passed by the ..... november, 2003.15. on 8th february, 2003 three accused subordinate officers were charge- sheeted. roe was ordered on charges under sections 25 and 40 of the border security force act (bsf act). during the pendency of the roe, the headquarters bsf, north bengal frontier ordered a staff court of inquiry (scoi) to inquire into the incident, as ..... person is held guilty of a major offence punishable under the act, award him a sentence. on the other hand, ssfc is for lesser offences and has limited powers as regards sentences.67. the ordering of the gsfc is a matter of discretion under the border security force rules, 1969 (bsf rules). a record of evidence ( .....
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