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J. B. PARDIWALA, MANOJ MISRA
Union of India – Appellant
Versus
Jogeshwar Swain – Respondent
JUDGMENT :
MANOJ MISRA, J.
1. These appeals are directed against the judgment and order of the High Court of Delhi at New Delhi (in short “the High Court”) dated 21.02.2013, by which W.P. (C) No. 17430 of 2006 filed by the respondent (the original petitioner) was allowed, the punishment of dismissal imposed upon the original petitioner was set aside and a direction was issued that the original petitioner would be entitled to full consequential benefits except salary to the extent of 50%. The appellants have also challenged the order of the High Court dated 22.11.2013, by which the review petition of the appellants seeking a review of the order dated 21.02.2013 was dismissed, though certain observations made in the earlier order were recalled.
FACTS
2. The original petitioner/accused (the respondent herein) was a Constable (General Duty) in the Border Security Force (in short “BSF”). The case against him was that while he was posted as a security aide to a lady doctor, on 17.06.2005, at about 7.45 pm, he clicked pictures of that lady doctor while she was taking her bath. The allegations against him were that on the fateful day, the lady doctor requested him to leave her quarter as she
Dismissal proceedings must adhere to the prescribed procedures, and the recording of a plea of guilty must comply with Rule 142(2) of the BSF Rules of 1969.
The main legal point established in the judgment is that the proceedings conducted in accordance with the BSF Act and Rules, and the plea of guilty entered by the petitioner during the Summary Securi....
The plea of guilt must be recorded in accordance with the procedural rules, and the absence of the accused's signature on the minutes of the proceedings can impact the credibility of the plea.
The main legal point established in the judgment is the mandatory nature of the procedural requirements for recording the 'plea of guilty' and the need for fair trial guaranteed under the Border Secu....
The main legal point established in the judgment is that the respondents followed the mandate of the BSF Act, 1968 and the Rules of 1969 in conducting the proceedings against the petitioner, leading ....
(1) Commandant of BSF has jurisdiction to seek clarification or order an additional Record of Evidence (RoE).(2) When an amendment is purely clarificatory or declaratory in nature, it is deemed to o....
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