M.PRAKASH Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

(2.) The writ petitioner was enlisted as Constable in the Border Security Force in the year 2004. He had put in more than four years of service when the charge memo dated 05.02.2008 came to be issued. The charge against the writ petitioner was that on 04.02.2008 when he was on duty in the border, he had improperly allowed crossing over of head loads (Fish) from Bangladesh to India. The petitioner was visited with the punishment of dismissal from service by order dated 01.03.2008 by the third respondent herein. The petitioner challenged the same by filing a statutory petition before the first respondent. The first respondent by order dated 29.05.2008 dismissed the same. Challenging the same, this writ petition has been filed.

(3.) The respondents filed a detailed counter affidavit. Apart from canvassing the matter on merits, the learned standing counsel for the respondents would pointedly argued that none of the respondents are having their office within the territorial jurisdiction of this Court and that therefore, this writ petition is liable to be dismissed as not maintainable.