UNION OF INDIA AND OTHERS vs RAM PHAL

The Supreme Court held that the dismissal of a BSF constable under Section 11 of the BSF Act was illegal as it was not within the competence of the Commandant to impose such a penalty without a proper inquiry as mandated by Section 19 of the Act. The Court emphasized that a person deemed a deserter must be tried by a Security Force Court before any penalty can be imposed. The dismissal order was set aside, affirming the lower court's decision to declare it void, while the mandatory injunction for reinstatement was denied.