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LAPITA BANERJI
Sanjay Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The petitioner has challenged a show cause notice dated June 20, 2023. The said show cause notice was issued by the Deputy Inspector General on behalf of DG, BSF seeking reply from the petitioner on the proposal for termination from service on account of misconduct. The petitioner was working in the rank of Second-in-Command with the Border Security Force (BSF). On 11th April, 2019 cattle were smuggled from India to Bangladesh from the Sodepur border and Soladana under the control of 85 Bn, BSF. Three articles of charges were framed against the petitioner, which are reproduced hereinbelow :
| FIRST CHARGE BSF ACT, 1968 SECTION-40 | AN ACT PREJUDICIAL TO GOOD ORDER AND DISCIPLINE OF THE FORCE
In that he, On 11th April 2019, at about 1850 hrs, while performing duty as Second-in-Command of 85 Bn BSF gave illegal instruction telephonically from his Mob No.7739577117 to his subordinate officer, No.873657710 ASI (G) Ravindra Kumar, Offg Inspector (G) of 85 Bn BSF on his mobile No.7894983557 to facilitate cattle smuggling from India to Bangladesh thr |
The DG did not lack jurisdiction to issue the show-cause notice for termination under Rule 20 of the BSF Rules, 1969.
Confirming authority must provide clear justifications for disagreeing with Security Force Court findings and follow principles of natural justice in disciplinary actions.
Termination of service is permissible under Section 10 of the Border Security Force Act when the trial is deemed impracticable or inexpedient, especially after non-confirmation of charges by the Conf....
The principle of double jeopardy and the authority of the Confirming Authority to confirm findings and sentences under the Army Act.
Judicial review under Article 226 extends to the examination of the decision-making process in disciplinary proceedings, ensuring the findings are rational and supported by credible evidence.
Dismissal without adherence to natural justice principles and statutory procedures is invalid, necessitating reinstatement of the employee.
Punishments must be proportionate to the misconduct and not shock the conscience of the court.
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....
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