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2021 Supreme(J&K) 124

SANJEEV KUMAR
Rajesh Kumar Tomar – Appellant
Versus
Union of India – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Abhinav Sharma, Sr. Advocate and Mr. Abimanyu Sharma, Advocate
For the Respondent(s): Mr. Vishal Sharma, ASGI

Judgment

Sanjeev Kumar, J.—The petitioner is a serving officer of Indo-Tibetan Border Police (‘ITBP’ for short), presently posted as Commandant (Staff) at Sector Headquarters Srinagar, J&K. He has invoked the extraordinary jurisdiction of this Court vested by virtue of Article 226 of the Constitution to seek quashment of findings of the Court of Inquiry dated 11.05.2020 conducted in pursuance of order dated 27.03.2019 issued by respondent No.3. The petitioner also challenges order dated 19.06.2020 whereby and whereunder ‘Record of Evidence’ (ROE) has been ordered against the petitioner for holding his trial by the General Force Court. The consequent orders, including the charge-sheet dated 02.11.2020 served upon the petitioner, are also subject matter of challenge in this petition. As a matter of fact, the petitioner has sought multiple reliefs against the respondents.

2. Mr. Vishal Sharma, learned ASGI, representing the respondents, has raised a preliminary objection with regard to the maintainability of this petition on the ground that this Court lacks territorial jurisdiction to entertain the instant petition. It is claimed that since no cause of action or part thereof has arise

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