Supreme Court of India · 2009-05-21
UNION OF INDIA vs DEBASHISH GHOSH
- Citation / case number
- SC 2005/12821
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- DEBASHISH GHOSH
Judgment text excerpt
The Supreme Court examined the dismissal of a Border Security Force constable 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 three years of imprisonment stipulated under Section 19. The Division Bench of the Calcutta High Court's decision to set aside the dismissal was overturned, affirming the authority's right to impose such a penalty under Sections 19 and 48 of the BSF Act.