UNION OF INDIA Vs. MAJOR SINGH

JUDGEMENT

(1.) By this common judgment we propose to dispose of LPA Nos 341 of 1998 and 291 of 1998 as the questions of law arising in them are common. Both these LPAs have been preferred by the Union of India and the Director General, Border Security Force.

(2.) The short question which arises for the determination of this court in these appeals is whether the Appellate Authority enjoys the powers and jurisdiction to impose the punishment in the nature of "removal from service" which is not enumerated and serialized as one of the punishments under Section 48 of the Border Security Force Act (in short' BSF Act').

(3.) The respondents in these appeals were tried by the Summary Security Force Court on a charge under Section 19(a) of BSF Act for remaining absent without leave. During the course of their trials, the respondents pleaded guilty and the court awarded them the sentence of dismissal from service.