BINODE CHANDRA BAIRAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ in the nature of mandamus commanding the respondents to forbear from acting upon the order of dismissal dtd. 8/7/1997 and the appellate order signed on 18 th November, 2002 and for direction upon the respondent authorities to reinstate the petitioner in service as Naik (BSF) with full back wages.

(2.) Ms. Chandreyi Alam, learned advocate for the respondent authorities raises an objection as to the maintainability of this writ petition on the ground of lack of territorial jurisdiction. She submits that no part of the cause of action arose within the jurisdiction of the Hon'ble High Court at Calcutta and therefore, this Court should not try and decide this writ petition.

(3.) Mr. Samanta, learned advocate appearing for the writ petitioner disputes such submission by contending that on an earlier occasion, the writ petitioner approached this Court by filing a writ petition being W.P. 4322(W) of 2000 praying for setting aside the order of dismissal dated 15 th April, 1996 and this Hon'ble Court by an order dated 17 th July, 2002 allowed the prayer of the writ petitioner to withdraw the said writ petition with liberty to prefer an appeal before the appellate authority in accordance with law.