(1) The Central Government may, having regard to the special circumstances of any case, permit any officer of the Force to resign from the Force before the attainment of the age of retirement or before putting in such number of years of service as may be necessary under the rules to be eligible for retirement:
Provided that while granting such permission the Central Government may:
(i) require the officer to refund to the Government such amount as would constitute the cost of training given to that officer 1[or three months pay and allowances, whichever is higher] or Provided further that an officer of the Force tendering resignation, for accepting a job under Central or State Governments or local bodies, after
1. Ins .by SO, 1686 dated 31st May 1996.
BSF RULES 79 having been granted cadre clearance for the same 1[or who has completed 10 years of service] shall not be required to refund the sum as provided here in above.
(2) The Central Government may accept the resignation under sub-rule (1) with effect from such date as it may consider expedient.
(3) The Central Government may refuse to permit an officer to resign :-
(a) if an emergency has been declared in the Country either due to internal disturbances or external aggression;
or
(b) if considers it to be inexpedient so to do 2[due to exigencies of service] or in the interests of the discipline of the Force; or
(c) if the officer has specifically undertaken to serve for a specified period and such period has not expired.
(4) The provisions of this rule, shall apply to and in relation to subordinate Officer and Enrolled Persons as they apply to and in relation to any officer of the Force and the powers vested in the Central Government under sub-rules (1) and (2) shall be exercised in the case of a Subordinate Officer by a Deputy Inspector General and in the case of an Enrolled Person by a Commandant.
3 [20. Termination of service of officers by the Central Government on account of misconduct] (1) when it is proposed to terminate the service of an officer under section 10 on account of mis-conduct, he shall be given an opportunity to show cause in the manner specified in sub -rule (2) against such action:-
Provided that this sub-rule shall not apply :-
(a) where the service is terminated on the ground of
1. Ins. by SO. 1644, dated 8th May 2002.
2. Ins. by SO, 166 dated 14th Jan 1998.
3. Rule 20,21and 22 subs. by SO, 436(E) dated 29th May 1990.
BSF RULES 80 conduct which has led to his conviction by a criminal court or a Security Force Court; or
(b) where the Central Government is satisfied that for reasons, to be recorded in writing, it is not expedient or reasonably practicable to give to the officer an opportunity of showing cause.
(2) When after considering the reports on an officer’s misconduct, the Central Government or the Director General, as the case may be, is satisfied that the trial of the Officer by a Security Force Court is in-expedient or impracticable, but is of the opinion, that the further retention of the said officer in the service is undesirable, the Director General shall so inform the officer together with particulars of allegation and report of investigation (including the statements of witnesses, if any, recorded and copies of documents if any, intended to be used against him) in cases where allegations have been investigated and he shall be called upon to submit, in writing, his explanation and defence:
Provided that the Director General may with hold disclosure of such report or portion thereof if, in his opinion, its disclosure is not in the interest of the security of the State.
(3) In the event of explanation of the Officer being considered unsatisfactory by the Director-General, or when so directed by the Central Government, the case shall be submitted to the Central Government with the Officer’s defence and the recommendations of the Director-General as to the termination of the Officer’s service in the manner specified in sub-rule (4).
(4) When submitting a case to the Central Government under the provision of sub-rule (2) or sub-rule (3), the Director-General shall make his recommendation whether the Officer’s service should be terminated, and if so, whether the officer should be,-
(a) dismissed from the service; or
(b) removed from the service; or BSF RULES 81
(c) retired from the service; or
(d) called upon to resign.
(5) The Central Government, after considering the reports and the officer’s defence, if any, or the judgment of the Criminal Court, as the case may be, and the recommendation of the Director-General, may remove or dismiss the officer with or without pension, or retire or get his resignation from service, and on his refusing to do so, the officer may be compulsorily retired or removed from the service with pension or gratuity, if any, admissible to him.