Rule 20(4)(d) of the BSF Rules read with Section 10 of the BSF
Act calling upon the Petitioner to resign from service ... under
Rule 20(4)(d) of BSF Rules, 1969 read with Section 10 of BSF Act. There
was no material on the basis of which
Border Security Force Act, 1968 (BSF Act ) and sentencing
him to be dismissed from service. He has also challenged the order dated
13th December ... charge under Sections 19 (a) and 22
(e) of the BSF Act . According to the Petitioner he was not told what the
charge
without leave was an offence punishable under Section 19(b) of BSF
Act, 1968. Instead of complying with the aforesaid notice and joining
back ... conducted as per the provisions contained in
Section 62 of the BSF Act, which was finalised on 10.02.2004. As per
the provisions of Section
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
General."
8. Rule 22 of BSF Rules, 1969, noted above, as well as provisions under
the BSF Act envisage conduct of enquiry for exercise ... satisfaction arrived at by the Deputy Inspector General, BSF, in
terms of provisions of the BSF Act and Rules made thereunder, while
passing the order
Act in
terms of Section 24 of the RTI Act and has been given exemption
from application of the provisions of the Act ... employee of the BSF, is governed by the
Disciplinary Rules of the BSF and the action has been taken by the
BSF against Kailash Chand
Border Security Force
Rules, 1969 („BSF Rules‟), read with Section 108 of the BSF Act. On 4th
May, 1995 the IG withheld confirmation and transmitted ... BSF was legal when confirmation had been withheld by the IG, BSF
under Rule 106 of the BSF Rules.
WP (C) 1881/1996 Page
further move to 126 Bn BSF on
permanent posting, refused to do so.
SIXTH CHARGE : BSF ACT SEC 21(2)
DISOBEYING A LAWFUL COMMAND GIVEN ... join Bn HQ, 90 BN
BSF on 22/09/08 (AN) after absenting 07 days.
NINTH CHARGE : BSF ACT SEC 40
AN ACT PRE-JUDICIAL
under the provisions of Section
11 (2) of BSF Act, 1968 read with Rule 177 of
BSF Rules, 1969, and also to quash the
departmental ... have violated the provisions of Sections 60 and 62 of the BSF
Act, 1968 and Rules 22(2), 170 and 173 of BSF Rules
BSF Act, which
reads as under:
"78. Application of Act during term of sentence.
- (1) When a person subject to this Act is sentenced ... this Act.
(2) When a person subject to this Act is sentenced by a
Security Force Court to death, this Act shall apply
