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may 2009

Supreme Court of India · 2009-05-21

Union Of India & Ors vs Debashish Ghosh

Citation / case number
AIRONLINE 2009 SC 153
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Debashish Ghosh
Bench
R.M. Lodha, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court examined the dismissal of a constable from the Border Security Force under Section 19 of the BSF Act, which pertains to absence without leave. The Court held that the punishment of dismissal was justified as it is a lesser punishment compared to the maximum penalty of three years imprisonment under Section 19. The Division Bench of the Calcutta High Court had set aside the dismissal, but the Supreme Court reinstated the dismissal, affirming the authority's decision under Sections 19 and 48 of the BSF Act.

Union Of India & Ors vs Debashish Ghosh · Niyam