Appeal Procedures under BSF (Discipline & Appeal) Rules

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1. Right to Appeal

• Any member of the Border Security Force who is punished under the disciplinary provisions has the right to appeal against the punishment imposed.

• Appeals can be made against decisions from:

  • Summary trials

  • Courts-martial

  • Other disciplinary authorities empowered to impose punishments

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2. Who Can Appeal

• The accused/punished person has the right to file an appeal.

• Sometimes, the competent authority (e.g., the Director General or appointed officers) may also review punishments suo motu (on their own).

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3. Time Limit for Appeal

• The appeal must be filed within a specified time limit from the date of communication of the punishment.

• Usually, the time limit is 30 days, but it may vary as per the rules or specific orders.

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4. Filing the Appeal

• The appeal should be submitted in writing, stating the grounds on which the punishment is being challenged.

• The appeal must be addressed to the appellate authority designated by the BSF.

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5. Appellate Authorities

• The hierarchy of appellate authorities generally follows:

  • Commanding Officer or Superior Officer (for summary trial punishments)

  • Director General or designated higher officer (for court-martial punishments)

  • In certain cases, the appeal may be further taken to the Armed Forces Tribunal (AFT) or Supreme Court of India.

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6. Powers of the Appellate Authority

• The appellate authority can:

  • Confirm, reduce, alter, or set aside the punishment.

  • Order a retrial or fresh inquiry if necessary.

  • Dismiss the appeal if found frivolous.

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7. Further Appeals

• After exhausting internal BSF appeal mechanisms:

  • The punished person may file an appeal to the Armed Forces Tribunal (AFT).

  • Subsequently, further appeal can be made to the Supreme Court of India under constitutional provisions.

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8. Effect of Appeal

• Filing an appeal does not automatically suspend the punishment unless specifically ordered by the appellate authority.

• In certain serious cases, the appellate authority may stay the operation of the punishment during the appeal process.

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Summary Table

Step	Details
Who Can Appeal	Punished BSF personnel
Time Limit	Usually within 30 days of punishment notice
How to Appeal	Written application stating grounds
To Whom	Designated appellate authority (higher officer)
Powers of Appellate	Confirm, modify, annul punishment; order retrial
Further Appeal	Armed Forces Tribunal → Supreme Court
Suspension of Punishment	Not automatic; granted at discretion