MD ABDUL SATTAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India the petitioner assails the order dated 11.11.2000 issued by the respondent No. 5 dismissing him from service and the proceeding of the connected Summary Security Force Court at Headquarter 192 Bn. Border Security Force, Radhabari, P.O. Bhuikidangapara, Dist.- Jalpaiguri, West Bengal.

(2.) The facts of the case may be briefly stated as follows :- The petitioner joined the Border Security Force (for short 'BSF') as Cook in the year 1990 and while serving as Cook No. 90-192128 under 192 Bn. BSF he was suddenly served with Charge Sheet dated 9.11.2000 under section 26 of the BSF Act, 1968. The charge against him was framed as follows :-

(3.) The respondent resisted that writ petition by filing a counter affidavit in which it was pointed out that the petitioner was serving under 192 Bn. BSF at Radhabari within the State of West Bengal and that the incident for which Court Martial proceeding was held took place within the Bn. Headquarter at Radhabari and the further that he was tried by SSFC in that Bn. which situates within the State of West Bengal. As such, this Court has no territorial jurisdiction to entertain this writ petition.