DIPAK KUMAR SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In all the three writ petitions, an identical point has been involved as to whether the order of dismissal which was passed outside the jurisdiction of this Court can be assailed and/or challenged before it as the same is communicated to the petitioner at his place of residence which is situated within the territorial jurisdiction of this court.

(2.) Before dealing with the points as enumerated above, some salient facts are required to be spelt out for proper and effective adjudication.

(3.) The petitioner was employed as constable under the Bengal Frontier Border Security Force in the year 1997 under the scheduled caste/scheduled tribe category. After completion of the successful training, the petitioner was transferred to the different places within the country under the Border Security Force and was lastly posted to sector Head Quarter BSF Gauhati on and from 11.8.2004. The scheduled tribe certificate which was submitted by the petitioner at the time of recruitment was sent for verification as to its genuinely to the subdivisional officer, Kalyani who reported that the said certificate is not genuine.