CW-2016-0031Madhubani, BiharJudgment 11 August 2016

The Union of India and Others vs BSF Constable

[name withheld], a BSF constable of 113 Battalion enrolled in 1990, was dismissed in May 2007 after pleading guilty before the Security Force Court to a 33-day overstay of leave. The court recorded that he was a habitual offender with 11 summary trials and 21 overstays in about 17 years including a 2006 conviction, and that due process with opportunities to defend had been afforded. The court held the Single Bench had erred in setting aside the dismissal. The Union appeal was allowed, the Single Bench order set aside, and the dismissal restored.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 11 August 2016 in Letters Patent Appeal No. 451 of 2014, the Patna High Court (Coram: Hemant Gupta, Ahsanuddin Amanullah, JJ.) upheld the disciplinary action taken against the Constable, 113 Battalion, BSF.

Register number
BR 32 CW 0002
Case reference
Letters Patent Appeal No. 451 of 2014
Court and date
Patna High Court (Coram: Hemant Gupta, Ahsanuddin Amanullah, JJ.), 11 August 2016
Officer(s) at the material time
Constable, 113 Battalion, BSF
Present service status
Not ascertained from the cited sources.
Provisions invoked
Not stated in the cited sources
Finding of the Court (extract)
“Therefore, we find that the order of the learned Single Bench cannot be sustained. The same is, thus, set aside. Consequently, the writ application is dismissed.” (at para 16)
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.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Patna High Court judgment dated 11 August 2016 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“Therefore, we find that the order of the learned Single Bench cannot be sustained. The same is, thus, set aside. Consequently, the writ application is dismissed.” (para 16)

Institutional response

1
11 Aug 2016

Order issued

Concluded
Patna High Court External · Binding

The Patna High Court upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: Letters Patent Appeal No. 451 of 2014
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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