V.S.SIRPURKAR, S.S.NIJJAR
Union of India – Appellant
Versus
Dinesh Kumar – Respondent
JUDGMENT
V.S. Sirpurkar, J. —
1. This judgment will dispose of 62 Civil Appeals mentioned above.
2. We had, by earlier orders, directed the remand of all these matters to the High Court and now we proceed to give reasons in support of our orders.
3. All these appeals have been filed by the Union of India. The main contesting respondents in all these appeals are the members of the Border Security Force. The respondents in all the matters succeeded before the High Court, which took the view that the orders passed against them by the Summary Security Force Court (hereinafter referred to as ‘SSFC’ for short) and the appellate authority were bad and illegal, as there were no reasons given by any of these authorities.
4. On that count, the High Court directed remand in all the matters to the appellate authority under Section 117 (2) of The Border Security Force Act, 1968 (hereinafter referred to as ‘the Act’ for short) for rewriting the order, giving reasons in support of the conclusions reached by the same. The lead judgment was passed on 16.1.2006 in Writ Petition (Civil) No. 9427 of 2005 filed by one Constable Hans Raj. Relying on that judgment, all the other Writ Petitions in the ab
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