Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court 'No Penalty For Monthly MGQ Shortfall If Annual Target Met': Supreme Court Upholds Quashing Of Excise Department Demands For Liquor Licensees 'Murder Went Unavenged, But Courts Cannot Convict On Mere Assumptions': Supreme Court Acquits Accused In 1988 Murder Case, Quashes High Court's Remit Order 'NCSC Cannot Pass Mandatory Adjudicatory Orders Directing Payment Of Arrears': Supreme Court Clarifies Commission's Powers Under Article 338 "'Cannot Present Fait Accompli': Supreme Court Upholds Denial Of NOC To Airman For Skipping Prior Permission To Apply For Civil Post" Supreme Court Upholds 2017 Notification For Ex Post Facto Environmental Clearances, Quashes 2021 Office Memorandum As Impermissible Executive Overreach Workman Fails To Prove 240 Days Continuous Work; Punjab & Haryana High Court Upholds Denial Of Reinstatement For "Abandonment Of Service" Party Cannot Take Contradictory Stands In Same Case, Admissions In Pleadings Bind Them Under Order XII Rule 6 CPC: Telangana High Court Delayed Recovery Of Weapon From Open Space Casts Serious Doubt On Prosecution Story: Madhya Pradesh High Court Acquits Murder Convicts Procedural Irregularities By Public Servants Serve As Circumstantial Evidence Of Conspiracy In Corruption Cases: Kerala High Court Blaming Previous Counsel For Omission Does Not Satisfy 'Due Diligence' Test To Amend Plaint After Trial Commences: Punjab & Haryana High Court Muslim Man's Second Marriage Under Special Marriage Act Void Despite Personal Law Permitting Bigamy: Karnataka High Court Suppression Of Material Facts Regarding Criminal Antecedents Disentitles Accused To Discretionary Relief Of Bail: Orissa High Court Section 311 CrPC | Delay Or Absence Of Examination-In-Chief No Bar To Summon Material Witnesses: Allahabad High Court Revenue Authorities Lack Jurisdiction To Declare Genuineness Of Wills Or Validity Of Settlement Deeds; Parties Must Approach Civil Court: Andhra Pradesh High Court Demand Of Bribe Is Sine Qua Non For Conviction Under PC Act, Mere Recovery Of Tainted Money Not Enough: Bombay High Court Title And Ownership Irrelevant In Suit Under Section 6 Specific Relief Act; Plaint Liable To Be Rejected If Filed Beyond Six Months: Delhi High Court Receipt Of Pension By Widow Can Be Considered To Determine 'Just Compensation' But Not To Deprive Claimants Of Award: Calcutta High Court FSL Report Lacking Scientific Criteria And Data Is Inadmissible In Evidence: Allahabad High Court Issues Directives For Testing Viscera Standard Of Proof In Railway Accident Claims Is Preponderance Of Probabilities, Not Beyond Reasonable Doubt: Gujarat High Court No Second Statutory Appeal Lies Against Conviction By Appellate Court Reversing Acquittal; Revision Is Sole Remedy: Supreme Court Wives' Property Is Their Own, Not Husband's: Supreme Court REJECTS High Court's Succession Formula; Restores Clarity For Christian Inheritance

Discipline Paramount in Armed Forces: Delhi High Court Upholds BSF Constable’s Dismissal for Serious Misconduct

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court yesterday upheld the dismissal of a Border Security Force (BSF) constable, Brijesh Kumar Singh, affirming the paramount importance of discipline in the armed forces. The bench, comprising Justices V. Kameswar Rao and Saurabh Banerjee, dismissed Singh’s petition challenging the orders of the Summary Security Force Court (SSFC) and the Directorate General of BSF.

The High Court's decision resonated with the observation that maintaining discipline in armed forces is of utmost importance. “The charges which have been proved against the petitioner are very serious,” stated Justice V. Kameswar Rao in the judgment. Singh faced severe allegations of using threatening language towards his superior officer and a fellow constable, along with actions detrimental to the discipline of the force.

The court noted, “Given the charges, and also, when the petitioner was employed in a disciplined force, this Court is of the view that the penalty of dismissal from service, should not be interfered with.” This remark highlights the judiciary’s stance on the strict adherence to disciplinary conduct within the armed forces.

Singh’s dismissal followed his conviction by the SSFC on charges under the BSF Act, including threatening and insubordinate language and acts prejudicial to the good order and discipline of the force. The Directorate General of BSF had mitigated his sentence of imprisonment but upheld his dismissal from service, a decision that the High Court has now confirmed.

Date of Decision: 16 January 2024

BRIJESH KUMAR SINGH VS  UOI & ORS.           

 

Latest Legal News