R.VIJAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined Border Security Force as Constable in November 2000. He was charged with having been unauthorizedly absent from 03.05.2009 to 27.06.2009. The writ petitioner reported for duty on 28.06.2009. The petitioner was issued with an office order dated 06.07.2009, which charged the petitioner with having violated Sections 40 and 19(a) of the Border Security Force Act, 1968. The charge against the petitioner was that while on 03.05.2009, when he was deployed on election duty at Midnapore East, West Bengal, he absented himself without leave for a total period of 57 days. He had also left his security of arms and ammunition unattended jeopardicing safety. The petitioner was tried before the Summary Security Force Court on 22.07.2009. On the same day, he was also sentenced to dismissal from service. Challenging the same, this writ petition has been filed.

(2.) The respondents filed a detailed counter affidavit and the learned standing counsel reiterated the contentions set out in the same.

(3.) The first objection raised by the learned standing counsel for the respondents is that the cause of action did not arise within the territorial jurisdiction of this Court and therefore, this writ petition would not be maintainable.