BSF and directed the
concerned authority of BSF to dispose appellant's petition
filed under Section 117 of the BSF Act on merit within ... BSF(Now 144 Bn BSF).
(ii)Second charge: USING CRIMINAL FORCE TO A
PERSON SUBJECT TO THE BSF ACT BEING HIS
SUBORDINATE IN RANK
BSF(Now
144 Bn BSF).
Second USING CRIMINAL FORCE TO A PERSON
Charge SUBJECT TO THE BSF ACT BEING HIS
BSF Act, 1968 SUBORDINATE ... Karthikeyan of 43 Bn BSF(Now 144 Bn BSF).
Third Charge USING CRIMINAL FORCE TO A PERSON
BSF Act, 1968 SUBJECT TO THE BSF ACT
Rule 165 to the BSF Rules, the
disciplinary power over a person, subject to the BSF Act , shall be
exercised by the commandant ... BSF
in exercising his authority under Rule 45 of the BSF Rules heard
the petitioner on the charge under section 40 of the BSF Act
Inquiry was held as contemplated under Section 62
of the BSF Act, 1968 (here-in-after referred to as the Act, 1968). Since,
neither ... submitted that all established
procedures of law, as provided under the BSF Act and Rules had been
complied with while dismissing the petitioner from
action taken against the
petitioner are in accordance to BSF Act & Rules as well as
instructions thereof, following due procedure of law as such ... member of BSF thus is a punishable offence and would be dealt with
under Section 19 of the BSF Act.
7. Rule
Inquiry was held as contemplated under Section 62 of
the BSF Act, 1968 (here-in-after referred to as the Act, 1968).
Since, neither ... Union respondents submitted that as
per Rule 22 of the BSF Act, 1969 , a show-cause notice was properly
issued to the petitioner-appellant
institute proceedings against the said accused before the BSF Court
under Section 80 of the BSF Act, 1968. The same has been rejected ... petitioner
has drawn the attention to Section 80 of the BSF Act, 1968 which reads as
under:
"80. Choice between criminal court and Security
same purpose.
[4] Thereafter, under Section 62 of the BSF Act, 1968, the
Court of Inquiry was instituted by the Order No. 230/Estt ... disciplinary
action would be taken against him as per the BSF Act and Rules.
Despite such correspondence, the deceased employee did not report
months after
his repatriation under Section 77(2) of the BSF Act, the
BSF authorities ceased to have any disciplinary
jurisdiction on the appellant since ... appellant that because of Section 80 and 81 of the BSF Act
it is only the Security Forces Court under the BSF Act that
join the duty would invite disciplinary action against him
under the BSF Act and Rules. The said letter (Annexure-2 to the writ
petition ... BSF Act read with Rule 177 of the BSF Rules and in
conformity with the Sub Rule (2) of Rule 22 of the BSF
Rules
