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march 1989

Supreme Court of India · 1989-03-31

GOURANGA CHAKRABORTY vs STATE OF TRIPURA AND ANR.

Citation / case number
SC 1989/72425
Court
Supreme Court of India
Petitioner
GOURANGA CHAKRABORTY
Respondent
STATE OF TRIPURA AND ANR.
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court held that the dismissal of a Constable from the Border Security Force (BSF) was illegal as it was not conducted by a Security Force Court as mandated by Section 11(2) of the Border Security Force Act, 1968. The Court emphasized that the dismissal violated the procedural safeguards outlined in Article 311 of the Constitution, as the appellant was not given a proper opportunity to defend himself. Consequently, the Court upheld the Additional District Judge's decision that the dismissal order was invalid and reinstated the appellant.

GOURANGA CHAKRABORTY vs STATE OF TRIPURA AND ANR. · Niyam