HC rejects petition of dismissed BSF official

From The TribuneDS
Chauhan

Jammu, November 11
The action of the Commandant 80 Bn BSF, Ramtirath,
Amritsar, in ordering the dismissal of Tilak Raj from service vide order dated
March 22, 2003, got a boost when Justice Sunil Hali of the J&K High Court of
Jammu Judicature dismissed the writ petition of the delinquent official.
An appeal preferred against the said order too was dismissed by the
Headquarters, Punjab Frontier, BSF, Jalandhar Cantt (Punjab) vide a
communication of November 4, 2003.
The respondents challenged the jurisdiction of the court to entertain the
writ petition contending that no cause of action had accrued to the petitioner
at Jammu and all that had been done was the communication of the dismissal order
at Jammu.
The High Court, while dismissing the writ petition, observed that “Be that as
it may, the decision of the Commandant 80 Bn BSF, Ramtirath, Amritsar, in
exercise of the power vested in him under Section 11 of the Act, having taken
beyond the jurisdiction of this court, may not provide any cause of action to
the petitioner to file the petition in this court merely because the decision of
the Commandant had been conveyed to the petitioner in the state of Jammu and
Kashmir.
The communication of the decision of the Commandant to the petitioner within
the jurisdiction of this court is not a material fact which would entitle the
petitioner to a judgement in his favour.
All those things that are required to be proved by the petitioner to get a
judgement in his favour having happened beyond the territorial jurisdiction of
this court, the additional factor of the communication of the dismissal order,
cannot be said to have provided the cause of action or part thereof to the
petitioner within the territorial jurisdiction of the court.”
http://www.tribuneindia.com/2010/20101112/j&k.htm#13