BHARAT KUMAR GHOSH Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The question which fell for consideration at the motion stage itself is whether this Court has territorial jurisdiction to entertain this writ petition under Article 226 of the Constitution on the ground of cause of action.

(2.) Heard learned senior counsel, Mr. S. Deb, assisted by learned counsel, Mr. S. Dutta for the petitioner and learned ASG, Mr. H. Deb for the respondent-Union of India.

(3.) Shorn of unnecessary details, the case of the petitioner is that he was serving under the Border Security Force(for short, BSF) and an FIR No.207 dated 13.11.2012 was lodged from the office of the Commandant, 51 Bn. BSF, Rampura, Fazilka(Punjab) alleging that there was a theft committed in the store-yard of the Unit and properties valued Rs. 4,00,000/- were stolen. Subsequently, a Security Force Court was constituted and an inquiry was conducted against the petitioner in due process and he was held guilty in the inquiry and consequently the Commandant of 129 Bn. BSF, Rampura, Fazilka, Punjab passed the following order:-