Court : Delhi
Reported in : 2004(76)DRJ457
..... petitioner filed a reply on november 17, 2000 again pleading ignorance. the petitioner was thereafter discharged from service by order dated november 28, 2000 passed under the border security force act and the rules made there under holding that the explanationn furnished by the petitioner was vague, concocted and false. 7.the petitioner initially filed a writ petition in ..... .s.f. act and the rules framed there under. 4. at the time of his enrolment the petitioner was required to ..... information he would be liable to face action under the provisions of the b.s.f. act and the rules. 3. the petitioner was again informed by order dated february 25, 1999 that he was enrolled in the border security force as constable on temporary basis and that he would be governed by the provisions of the b .....
Tag this Judgment!Court : Delhi
Reported in : 63(1996)DLT890; 1996(38)DRJ663
..... quashing of order of dismissal from service dated 6.3.1991 passed by the commandant, 67 bn., border security force in exercise of powers conferred under section 11(2) of (he border security force act, 1968 (hereinafter referred to as 'the act') along with all consequential reliefs. (2) the petitioner was enlisted as constable (messenger) on 23.2 ..... .1961 in punjab police and later on embodied in border security force (for short bsf) with effect from 1.3.3966. the ..... and void ab initio. absence without leave is an offence under section 19-a of the act and is punishable by security force court under section 48 of the act. only in those cases where trial by security force court is not expedient or is impracticable that an order of dismissal from service by an .....
Tag this Judgment!Court : Delhi
Reported in : 1997(42)DRJ623
..... apprised that disciplinary action would be taken against him. thereafter a court of inquiry under section 62 of the border security force act, 1968 was ordered to inquire into the absence of the petitioner, but without awaiting the outcome thereof, it appears that the deputy inspector, border security force, jammu proposed to dismiss the petitioner from service administratively for which show cause notice (annexure p-3) was ..... before reaching the conclusion that the petitioner was unauthorisedly absent, it was mandatory to hold a court of inquiry in terms of section 62 of the bsf act read with rule 173 of the border security force rules. only on court of inquiry declaring the absence to be unauthorised that action could be initiated against the petitioner for being committing an offence under section .....
Tag this Judgment!Court : Karnataka
Reported in : [2005(107)FLR468]; ILR2005KAR3513
..... the commandant of bsf (annexure-a) dismissing the petitioner from service on the ground that he was found guilty of charge under section 20(a) of the border security force act, 1968 (in short, 'the act').2. the petitioner has prayed for the following reliefs:-(a) to quash the order of dismissal dated 7.10.2001 bearing no. estt/ssfc-br/63 ..... to be dismissed as devoid of any merits,8. as per annexure-b viz., the proceedings of the summary security force court pertaining to the trial of the accused for the offence under section 20(a) of the act, the commandant, 63 bn bsf had framed a charge on 4,9.2001 against the petitioner alleging that on ..... the petitioner was falsely implicated in the criminal case for the offence of using criminal force or assaulting his superior officer under section 20(a) of the act. accordingly, the petitioner was charge sheeted and tried by the summary security force court (ssfc) under the bsf act. the s s f c found the petitioner guilty of charge under section 20(a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT753; (1997)ILLJ1007AP
..... others v. ram phal : [1996]2scr1144 . in that case the respondent ram phal who was a constable in the border security force was dismissed from service by the commandant acting under section 11(2) of the border security force act, 1968 on the ground that he was a deserter, without holding enquiry. before the supreme court, the questions were ( ..... service was considered undesirable. ram phal did not reply. under the circumstances, the supreme court held that the procedure prescribed under rule 21 of the border security force rules providing for procedure for holding enquiry was not violated. in that case the supreme court also pointed out that the order of dismissal passed by ..... in maneka gandhi's case (supra) bhagwathi j. has emphasized that natural justice is a great 'humanising principle' intended to invest law with fairness and to secure justice. in mohinder singh gill (supra) the supreme court has observed : 'to-day in our jurisprudence, the advances made by natural justice far exceed old .....
Tag this Judgment!Court : Delhi
Reported in : 1995IIAD(Delhi)209; 1995(34)DRJ9
..... was court- maratialled, found guilty and sentenced to undergo r.i. for 4 years and dismissal from service.(2) the petitioner was tried by general security force court under sec.47 of the border security force act read with sec.376 ipc. the statutory petition before respondent no.2 / director general of bsf was also rejected.(3) mr.r.p.sharma ..... of occurrence. mr.sharma has laid great, emphasis on non-compliance of ss. 89 of the bsf act. sec.89 of the act deals with summoning of witnesses which reads:- 'summoningwitnesses: (1) the convening officer, the presiding officer of a security force court, the law officer or, as the case may be, the officer approved under section 83 ..... in prithi pal singh's case (supra) it was held:- 'in a larger interest of the national security and military discipline parliament in its wisdom may restrict or abrogate such rights in their application to the armed forces but this process should not be carried so far as to create a class of citizens not entitled to .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)103PLR356
..... security force court and sentenced to six months rigorous imprisonment. he was also dismissed from service the order of the security force court was confirmed by the deputy inspector general of border security force jalandhar, vide his order dated ..... quarter of miss jasbir kaur, a teacher in the local b. s. f. higher secondary school and used criminal force with intent to outrage her modesty madan singh was consequently charged under sections 40 and 46 of the border security force act, 1968 (hereinafter referred to as the act).during trial, madan singh confessed the charges levelled against him and consequently he was convicted by the .....
Tag this Judgment!