TILAK RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has questioned Order No. Estt/Disc-Trg/80Bn/03/3258-414 dated 22.03.2003 issued by Commandant 80 Battalion BSF by which punishment of dismissal from service w.e.f. 23.03.2003 has been imposed upon him. It is contended that order of dismissal from service was issued by invoking Section 11 of the BSF Act. The contention of the Petitioner is that while invoking power of dismissal under Section 11 of the BSF Act, 1968, a show cause notice as contemplated under said Section has not been issued to him. It is also contended that copy of the proceedings has not been furnished to the Petitioner as required under law.

(2.) On the other hand, the stand of the Respondents is that the present petition is not maintainable as this Court lacks territorial jurisdiction to entertain this petition.

(3.) I have heard learned Counsel for the parties and perused the record.