Service Matters

Section 11 of BSF Act

Section 11 of the BSF Act, 1968 talks about dismissal, removal or reduction by the Director-General and by other officers.

The Border Security Force (BSF), established under the BSF Act, 1968, plays a vital role in safeguarding India’s borders.

To maintain discipline and efficiency within the force, the Act empowers certain authorities to initiate disciplinary proceedings. Section 11 of the BSF Act, 1968, specifically deals with the dismissal, removal, or reduction in rank of BSF personnel other than officers.

This article explores the provisions of Section 11, its procedural aspects as detailed in Rule 22 of the BSF Rules, 1969, and relevant judicial interpretations.

Understanding Section 11 of the BSF Act, 1968

Section 11 empowers senior officers to take disciplinary action against BSF personnel below officer rank.

This includes dismissal from service, removal from service, or reduction to a lower grade or rank.

The section ensures that discipline within the force and Superior Officer invoke the Section 11 and Rule 22 frequently in following cases:

Desertion,

Disobedience of orders

Absent with Leave or Over Stay on Leave 

Misconduct with civilians or colleagues,

Corruption or misappropriation,

Alcoholism and substance abuse while on duty.

However, misuse or abuse of this power may lead to reinstatement through writ petitions under Article 226 of the Constitution. Therefore, documentation, communication of charges, and strict adherence to procedure are essential.

Authority Empowered Under Section 11 of BSF Act

Under sub-section (1), the Director-General or any Inspector-General can dismiss or remove from service, or reduce in rank, any person subject to the Act other than an officer.

Sub-section (2) authorizes officers not below the rank of Deputy Inspector-General or any other prescribed officer to dismiss or remove from service personnel under their command, excluding officers or prescribed subordinate officers.

The Sub-section (3) allows such officers to reduce any person in their command to a lower grade or rank, again excluding officers or subordinate officers.

Sub-section (4) speaks that all such actions must conform to the BSF Act and BSF Rules, emphasizing procedural safeguards and fairness.

Scope and Limitations of Disciplinary Powers

Section 11 clearly defines who may exercise such disciplinary powers and against whom.

The powers are limited to BSF personnel other than officers and do not extend to all ranks.

Subordinate officers of and above the rank of Subedar / Inspector receive additional procedural protections under Rule 22.

Procedural Safeguards: Rule 22 of the BSF Rules, 1969

Rule 22 of the BSF Rules lays down the procedure for dismissal or removal on grounds of misconduct.

It mandates that the competent authority must give the accused an opportunity to show cause before any dismissal or removal. This ensures that the principles of natural justice are upheld.

Exceptions to Procedural Requirements

The first proviso to Rule 22(1) provides exceptions. Authorities do not need to give a show-cause opportunity when the service termination results from a criminal court or Security Force Court conviction.

Also, if it is not expedient or reasonably practicable to give such an opportunity, and reasons are recorded in writing, the procedure may be skipped.

Opportunity to Show Cause and Right to Defence

Rule 22(2) of BSF Rules, 1969 further provides that if a trial is deemed inexpedient or impracticable, but the person’s retention is undesirable, the authority must inform the person of the adverse reports and seek a written explanation.

The rule mandates the authority to consider the explanation before taking a final decision. This ensures that the accused gets a fair chance to defend themselves.

Final Decision and Role of Competent Authority

After reviewing the explanation and reports, the competent authority may proceed with dismissal or removal, with or without pension benefits.

However, the proviso to Rule 22(3) restricts Deputy Inspector-Generals from dismissing subordinate officers of and above the rank of Subedar. All such decisions must be reported to the Director-General under Rule 22(4).

Reporting Requirement to Director General of BSF

Every case of dismissal or removal under Rule 22 must be reported to the Director General. This ensures higher-level oversight and consistency in disciplinary actions throughout the force.

Remedy against Dismissal Order under Section of BSF Act, 1968

BSF personnel can departmental appeal / revision petition to Director General of BSF against dismissal order. After rejection of the appeal / revision petition. They can file writ petition before concerned High Court against dismissal order as well as rejection order passed by Director General (DG).

Case Laws on Dismissal under Section 11 of BSF Act

The Delhi High Court held that dismissal without giving a reasonable opportunity of defence under Rule 22(2) violated principles of natural justice. Even if the trial is impracticable, the authority must still follow the procedural mandates of informing and considering the defence.

Case Reference: Ex-Constable Ajay Singh v. Union of India, 2013 SCC OnLine Del 1976

The Punjab & Haryana High Court held that mere suspicion or vague allegations without substantiated reports cannot justify dismissal. The BSF must record valid reasons when it skips the trial process and invoke the special procedure under Rule 22.

Case Reference: Kartar Singh v. Union of India, 1995 Cri LJ 1247 (P&H)

In this case, the court upheld the dismissal of a Head Constable after proper application of Rule 22, noting that prescribed authority complied the principle of natural justice.

Case Reference : Baldev Raj v. Union of India, AIR 1981 Del 67

Key Legal Principles Evolved by Courts

The judiciary has stressed that disciplinary powers must be exercised judiciously and not arbitrarily. Principles of natural justice, including the right to be heard and reasoned decision-making, must guide the process. Courts have also held that procedural lapses can render disciplinary action illegal.

Practical Implications in Disciplinary Proceedings

Commandant and Superior Officer must ensure that procedural safeguards under Rule 22 of BSF Rules, 1969 unless any exceptions.

Misuse or ignorance of procedure can lead to reinstatement of personnel or departmental embarrassment. Regular training and legal awareness among commanding officers are crucial.

Safeguards for BSF Personnel

Section 11 and Rule 22 strike a balance between maintaining discipline and protecting the rights of BSF personnel. The show-cause mechanism, right to defence, and requirement for reasoned decisions serve as important checks against arbitrary action.

Need for Procedural Reforms for section 11 of BSF Act

With increasing awareness of service rights, courts have become more vigilant in ensuring due process.

There is a need to further simplify and digitize disciplinary procedures and to issue updated guidelines and model formats to reduce errors and increase transparency.

Conclusion

Section 11 of the BSF Act, 1968, read with Rule 22 of the BSF Rules, 1969, provides a comprehensive framework for dismissal, removal, or reduction of BSF personnel other than officers.

While it grants necessary powers to commanding authorities, it also incorporates vital procedural protections to prevent misuse.

Upholding these provisions in letter and spirit ensures a disciplined yet fair work environment in India’s premier border-guarding force.

Frequently Asked Questions

1. What does Section 11 of the BSF Act, 1968 empower senior officers to do?

Answer: Section 11 empowers senior officers to dismiss, remove, or reduce in rank BSF personnel below officer rank.

2. Who can exercise powers under Section 11(1) of the BSF Act?

Answer: The Director-General or any Inspector-General can exercise powers under Section 11(1).

3. What disciplinary actions can officers take under Section 11?

Answer: Officers can dismiss, remove from service, or reduce BSF personnel to a lower rank or grade.

4. Who cannot be punished under Section 11 of the BSF Act?

Answer: Officers and prescribed subordinate officers cannot be punished under Section 11.

5. What does Rule 22 of the BSF Rules, 1969 mandate before dismissal?

Answer: Rule 22 mandates the authority to give the accused an opportunity to show cause before dismissal.

6. What kind of offences usually lead to action under Section 11?

Answer: Offences like desertion, disobedience, absence without leave, and misconduct often lead to action under Section 11.

7. What must authorities do before skipping the show-cause notice?

Answer: Authorities must justify in writing why it is not practicable to provide the notice.

8. How does Rule 22(2) protect the accused’s rights?

Answer: Rule 22(2) requires authorities to inform the accused of adverse reports and consider their explanation.

9. Who cannot dismiss subordinate officers of the rank of Subedar and above?

Answer: Deputy Inspector-Generals cannot dismiss subordinate officers of Subedar rank and above.

10. What does Rule 22(4) require after dismissal?

Answer: Rule 22(4) requires reporting the dismissal to the Director-General for oversight.

11. What remedy does dismissed BSF personnel have under this Act?

Answer: A dismissed BSF personnel can file an appeal or writ petition against the dismissal.

Questions and Answers on Case Laws on Section 11 of BSF Act

1. What did the Delhi High Court hold in Ajay Singh v. Union of India?

Answer: The court held that denying a chance of defence under Rule 22(2) violates natural justice.

2. What did the Punjab & Haryana High Court say in Kartar Singh’s case?

Answer: The court ruled that vague or unproven allegations cannot justify dismissal under Rule 22.

3. How did the court rule in Baldev Raj v. Union of India?

Answer: The court upheld the dismissal since the authority had followed Rule 22 correctly.

4. Why must commanding officers follow Rule 22 strictly?

Answer: They must follow it to avoid legal challenges and ensure procedural fairness.

5. What can happen if officers misuse disciplinary powers?

Answer: Misuse can lead to reinstatement of the personnel or legal embarrassment for the department.

6. How do Section 11 and Rule 22 balance authority and rights?

Answer: They allow strict discipline while protecting the rights of BSF personnel through fair procedures.

7. What do courts stress in disciplinary proceedings under Section 11?

Answer: Courts stress natural justice, reasoned decisions, and procedural compliance.

8. What reforms does the BSF disciplinary system need?

Answer: The system needs digital procedures, simplified guidelines, and model formats to ensure transparency.