Back
N. UNNI KRISHNAN NAIR
No. 119880274, Ex. CT. Md. Kaji Safiqul Islam S/o Shri Azizur Rahman Kazi – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC, appearing on behalf of all the respondents.
2. The petitioner by way of instituting the present proceeding, has presented a challenge to an order, dated 28.08.2012, by which the petitioner was awarded with the sentence of dismissal from service on being found to be guilty of the charges so framed against him. The petitioner has also presented a challenge to an order, dated 07.02.2013, issued on behalf of the Director General, Border Security Force, dismissing the petition so filed by the petitioner against the order, dated 28.08.2012.
3. The petitioner, herein, was recruited as a Constable in Border Security Force, on 13.06.2011, and was thereafter, deputed for undergoing training at the STC, Border Security Force, Jodhpur. It is the allegation levelled against the petitioner that he had without leave, left the said training centre on 12.05.2012 and had returned on 14.05.2012. The petitioner, had, thereafter, again left the training centre on 15.05.2012, and had reported back to the training centre only on 29.05.2012. The petitioner again on 29.05
A guilty plea in disciplinary proceedings, if made with understanding, validates the proceedings and the resultant punishment.
The court upheld the dismissal of the petitioner based on the past conduct and found no procedural irregularities in the dismissal process.
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 court held that a guilty plea obtained under biased circumstances is not valid, necessitating the annulment of the dismissal and reinstatement of the employee.
A Summary Security Force Court cannot try charges under Section 46 of the Border Security Force Act, 1968, summarily without established immediate necessity, and procedural violations in recording a ....
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.
Service Law - Dismissal from service - Absent without leave - An order cannot be set aside altogether for any and every violation of a facet of natural justice and complaint must be examined on touch....
Dismissal of a Border Security Force Constable was declared void due to non-compliance with procedural safeguards under the BSF Act, violating constitutional rights to fair hearing and natural justic....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
