Section 59 of The Indo-Tibetan Border Police Force Act, 1992 in hindi
- (1)In every case in which punishment has been awarded under section 58, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, if the punishment awarded appears to him to be illegal, unjust or excessive, cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.
- (2)For the purpose of sub-section (1), a "superior authority" means,—
- (a)any officer superior in command to such officer who has awarded the punishment;
- (b)in the case of punishment awarded by Director-General, the Central Government.
Summary
- This section allows higher authorities to review and potentially cancel punishments handed down under Section 58.
- The punishing officer must send certified true copies of the proceedings to a prescribed superior authority.
- The superior authority can cancel, vary, or remit, meaning reduce, the punishment if they believe it is illegal, unjust, or excessive.
- If the Director-General awarded the original punishment, the Central Government acts as the reviewing superior authority.
Practical examples
FAQ
1. What happens if an officer feels a punishment under Section 58 of the Indo-Tibetan Border Police Force Act was unfair?
Under Section 59 of the Act, certified copies of the punishment proceedings are automatically forwarded to a superior authority who can cancel or reduce the punishment if it appears unjust or excessive.
2. Who reviews a punishment given by the Director-General under Section 59 of the defence law?
According to Section 59 of the Indo-Tibetan Border Police Force Act, the Central Government acts as the superior authority to review punishments awarded by the Director-General.
3. Can a reviewing authority increase the punishment under Section 59 of the Act?
Section 59 of the Indo-Tibetan Border Police Force Act only states that the superior authority may cancel, vary, or remit the punishment if it appears illegal, unjust, or excessive.
Test yourself
Q1.What triggers the review process described in Section 59?
Q2.Under Section 59, which of the following is a valid reason for a superior authority to intervene in a punishment?
Q3.If an Additional Deputy Inspector-General docks a Subedar's seniority under Section 58, who would act as the "superior authority" under Section 59 to review this?
Q4.If a punishment is successfully reviewed under Section 59, what specific actions can the superior authority take?