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.