RIYAZUL HASSAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order the Court is deciding preliminary issue of territorial jurisdiction. The pleadings are exchanged. In the pleadings neither the petitioner nor respondents have raised plea for and against the territorial jurisdiction. However, counsel for parties have vehemently argued on the issue, therefore, the present order is being passed.

(2.) Petitioner has declared his residential address of District Bijnor, Uttar Pradesh whereas the impugned orders dtd. 27/2/1996 and 8/2/2014 are passed by Respondent-4, Commandant, 21st Battalion, Indo Tibetan Border Police, Srinagar (Jammu and Kashmir) and Respondent-2, Director General of Indo Tibetan Border Police, North-West Zone, Office of Ministry of Home, New Delhi, respectively.

(3.) Petitioner has also declared that he was posted as Constable/ Barber at 19th Battalion Indo Tibetan Border Police at Srinagar and was transferred to 21st Battalion, Indo Tibetan Border Police at Leh vide order dtd. 18/7/1994. However petitioner failed to join at Leh, therefore, proceedings were initiated against him for "desertion of service" and by impugned order dtd. 27/2/1996 petitioner was removed from service. Thereafter a belated appeal was filed before President of India, which was forwarded to Respondent-4, however, it was also rejected by means of impugned order dtd. 8/2/2014.