KULDEEP CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this writ petition for grant of following reliefs: "(i) Dispense with the requirement of advance notices to the respondents; and (ii) exempt the petitioner from filing the certified copies of Annexures P/1 to P/14; and (iii) order the release of subsistence allowance with effect from November, 1996 onwards as interim relief, during the pendency of the present petition by treating the petitioner under deemed suspended in terms of the provisions of Rule 40A of the B.S.F. Rules; and (iv) declare the entire proceedings conducted by the respondents and culminating in impugned order as vitiated from the very inception, being ultra vires of the mandatory provisions of the BSF Act and Rules made there under and as such nullity from very inception; and (v) issue a writ in the nature of certiorari quashing the impugned order as illegal, unconstitutional and violative of the principles of natural justice and nonest in the eyes of laws; and (vi) issue a writ of mandamus, directing the respondents to reinstate the petitioner with continuity of service and all other consequential benefits, including arrears of pay plus interest @ 18% p.a. till the date of realization; and (vii) allow the writ petition with costs; and/or pass such other order, writ or direction, which your Lordship may deem it fit and proper, in the peculiar facts and circumstances of this case, in the interest of justice."

(2.) When this case was taken up today for consideration, Shri Baldev Singh, learned Counsel appearing for the respondents submitted that this Court has no jurisdiction to entertain and try this writ petition even if it be assumed for the sake of argument without conceding, that the petitioner is entitled to some relief. AS according to him, the cause of action if any, arose to the petitioner at Jalpaiguri in the State of West Bengal for the acts of misconduct having been allegedly committed there. He was charge sheeted for his such misconduct at Jalpaiguri, and then was dismissed after having been found guilty of the charge for which he was tried.

(3.) He preferred an appeal against his such dismissal before the Deputy Inspector General, B.S.F., Karamtala, District Darjeeling, West Bengali vide Annexure P -11, which was also dismissed as per stand of the as reflected in paragraph 28 of their reply.