proceedings and /
or even before the DIG, BSF has exercised power under Section 115 of the
BSF Act, to be infringing the right to liberty ... Though the counsel for the respondents BSF states that none of the
provisions of the BSF Act or the BSF Rules are under challenge
your service under Rule 20 of BSF Rules, 1969 read with Sec 10 of
BSF Act, 1968 . If you have anything to urge against ... your services under
Rule 20 of BSF Rules, 1969 read with Sec 10 of BSF Act, 1968
and further decision shall be taken
civil offence within
the meaning of Section 2(d) of the BSF Act and, in as much as the
charge was under Section ... BSF Act, it could not have been
tried by a Summary Security Force Code in view of the proscription
W.P.(C) 1024/2010 Page
without considering the
stand of the BSF.
6. It is noticed however, that section 78 of the BSF Act merely states
that regardless ... having been dismissed from the BSF, he
would continue to be subject to the provisions of the BSF Act ;
whereas section 128 of the BSF
view of
Section 21 read with Section 40 of the BSF Act, which read thus:
"21. (1) Any person subject to this Act ... charge because of the compulsion against the statutory provisions of
the BSF Act , or for of any other reason.
16. It is not the petitioner
arrested under the Section
20 of the BSF Act on the allegation of using criminal force against one Head
Constable („HC‟) Harbans Singh ... observed as under:
"97 Bn BSF has written that the charge u/s 20(a) of BSF Act for
which the petitioner was convicted
with
FIRST AN ACT PREJUDICIAL TO
CHARGE
GOOD ORDER AND DISCIPLINE
BSF ACT OF THE FORCE
1968
In that ... Changrabanda without proper authority.
SECOND INTOXICATION
CHARGE
In that he,
BSF ACT
1968 at about 081300 hrs consumed illicit
W.P.(C) 22193/2005 Page
petitioner has not challenged the vires of any
provision of the BSF Acts/Rules for which purpose, the matter has been
placed before a Division ... respondent No.2/DG (BSF), is not an established procedure
by law and that Section 128 of BSF Act has been wrongly invoked
effect that "Nahi Chaiye jao wapis"
SECOND CHARGE
BSF ACT, 1968 AN ACT PREJUDICIAL TO GOOD
Section-40 ORDER AND DISCIPLINE ... enter into BOP and waited there for
10 minutes.
THIRD CHARGE
BSF ACT, 1968 AN OMISSION PREJUDICIAL TO GOOD
Section - 40 ORDER AND DISCIPLINE
effect that "Nahi Chaiye jao wapis"
SECOND CHARGE
BSF ACT, 1968 AN ACT PREJUDICIAL TO GOOD
Section-40 ORDER AND DISCIPLINE ... enter into BOP and waited there for
10 minutes.
THIRD CHARGE
BSF ACT, 1968 AN OMISSION PREJUDICIAL TO GOOD
Section - 40 ORDER AND DISCIPLINE
