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.