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2012 Supreme(J&K) 247

HASNAIN MASSODI
Zahoor Ahmad Baba – Appellant
Versus
Union of India & Ors. – Respondent


Advocates Appeared:
Mr. Irshad Ahmad, Adv. for Petitioner.
Mr. Karnail Singh, Adv. for Respondent.

1. Petitioner appointed as Washer Man (enrolled follower) in 56 Bn BSF vide order dated 8.1.2004 was transferred on permanent posting to Frontier Headquarter BSF Jalander (Punjab).However, the petitioner absented himself from duty w.e.f 21.3.2005 and was dismissed from service vide order no. Estt/108/19/ZAB/BSF/2005/8919-9019dated 23.7.2005 w.e.f. 23.7.2005 A.N. The dismissal order was made by Commandant 108th Bn BSF Ajnala (Punjab) where the petitioner was permanently posted at the relevant time.

2. The record discloses that the petitioner though vide notice no. 03/Estt/05/108Bn BSF/7292 dated 20-6-2005 given an opportunity to show cause against his dismissal against his proposed dismissal from service, failed to submit his reply or show the cause.

3. The petitioner questions the order no. Estt/108/19/ZAB/BSF/2005/8919-9019dated 23.7.2005 through the medium of instant writ petition on the grounds set out in the petition.

4. The respondents in opposition to the writ petition have raised a preliminary objection as regards jurisdiction of this court to entertain and deal with the petition. The respondents case is that as the impugned order have been passed at Ajnal, Punjab, the jurisdic















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