# BSF Constable vs The Union of India and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2012-0034](https://datalibertarian.in/babuwatch/incident/CW-2012-0034)

## Report card

By judgment dated 11 September 2012 in Writ Petition No. 1024 of 2000, the Madhya Pradesh High Court (Coram: Rajendra Menon, J.) upheld the disciplinary action taken against the Constable, E Coy, 195 Battalion BSF.

- Register number: WB 00 CW 0003
- Case reference: Writ Petition No. 1024 of 2000 / (2012) 09 MP CK 0278
- Court and date: Madhya Pradesh High Court (Coram: Rajendra Menon, J.), 11 September 2012
- Officer(s) at the material time: Constable, E Coy, 195 Battalion BSF
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 20(a) of the BSF Act, 1968; Section 20(b) of the BSF Act, 1968
- Finding of the Court (extract): “Accordingly, finding the petitioner - a Member of the Disciplined Armed Force, to have been punished for the act of assaulting a Superior Officer, which has been proved in a properly conducted departmental inquiry, I see no reason to interfere …” (at para 23)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://www.courtkutchehry.com/judgements/603895/ramashray-prasad-dwivedi-vs-the-union-of-india-and-others/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2012-0034)

**Record:** CW-2012-0034 (compiler id CWC-1257); case GAP3-77-006
**Title:** BSF Constable vs The Union of India and Others
**Court:** Madhya Pradesh High Court; judges: Rajendra Menon
**Case number / citation:** Writ Petition No. 1024 of 2000 / (2012) 09 MP CK 0278
**Judgment:** 2012-09-11 (2012, day precision)
**Incident date:** 1999-06-29 (1999)
**Place:** West Bengal; police station or unit: E Coy, 195 Battalion BSF; force: central_armed
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** BSF Act 1968 s.20(a); BSF Act 1968 s.20(b)
**Officers (gated display forms):** Constable, E Coy, 195 Battalion BSF (1 in record)
**Victims:** West Bengal man (1 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Madhya Pradesh High Court records the following account. BSF Constable was charge-sheeted for slapping Assistant Commandant a West Bengal man, his Company Commandant, on the left cheek and threatening to shoot and kill him without provocation on 29 June 1999 at about 19:45 hours. A Summary Security Force Court convened on 5 July 1999 established his guilt and the Commandant dismissed him from service the same day. An earlier dismissal of his writ on jurisdiction grounds was set aside by a Division Bench in 2007 and the matter was heard on merits. The Madhya Pradesh High Court held the assault on a superior officer was proved in a properly conducted departmental inquiry, the cited judgments had no relevance to the peculiar facts, and dismissed the petition, sustaining the dismissal. Matters not addressed in the cited judgment text are not recorded here.

> Accordingly, finding the petitioner - a Member of the Disciplined Armed Force, to have been punished for the act of assaulting a Superior Officer, which has been proved in a properly conducted departmental inquiry, I see no reason to interfere into the matter.

**Sources (2):** [courtkutchehry.com](https://www.courtkutchehry.com/judgements/603895/ramashray-prasad-dwivedi-vs-the-union-of-india-and-others/); (2012) 09 MP CK 0278
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 23
**display title redacted:** BSF Constable vs The Union of India and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2012-09-11', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Madhya Pradesh High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Madhya Pradesh High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '(2012) 09 MP CK 0278', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://www.courtkutchehry.com/judgements/603895/ramashray-prasad-dwivedi-vs-the-union-of-india-and-others/', 'link_checked': None}; {'url': '(2012) 09 MP CK 0278', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** MP HC upheld SSFC dismissal of BSF constable for slapping and threatening to kill his Company Commandant; purely internal-discipline matter, incident in West Bengal per jurisdiction discussion.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2012-0034](https://datalibertarian.in/babuwatch/incident/CW-2012-0034)