The main legal point established in the judgment is that the High Court can only entertain a writ petition under Article 226 of the Constitution if the cause of action wholly or partially arises within its territorial jurisdiction.

The question which fell for consideration at the motion stage itself is whether this Court has territorial jurisdiction to entertain this writ petition under Article 226 of the Constitution on the ground of cause of action.

2. Heard learned senior counsel, Mr. S. Deb, assisted by learned counsel, Mr. S. Dutta for the petitioner and learned ASG, Mr. H. Deb for the respondentUnion of India.

3. Shorn of unnecessary details, the case of the petitioner is that he was serving under the Border Security Force(for short, BSF) and an FIR No.207 dated 13.11.2012 was lodged from the office of the Commandant, 51 Bn. BSF, Rampura, Fazilka(Punjab) alleging that there was a theft committed in the storeyard of the Unit and properties valued Rs.4,00,000/were stolen. Subsequently, a Security Force Court was constituted and an inquiry was conducted against the petitioner in due process and he was held guilty in the inquiry and consequently the Commandant of 129 Bn. BSF, Rampura, Fazilka, Punjab passed the following order:

“OFFICE OF THE COMMANDANT 129 BN BSF RAMPURA

FAZILKA, PUNJAB

No.Prov/129 Bn/BSF/Theft/Recovery/15/315559

Dated 09/10 Mar, 2015

ORDER

As per the direction of SHQ BSF Abohar and as approved by the Competent Authority, the recoveries of Rs.1,59,854/(Rupees One lac fifty nine thousand eight hundred fifty four) only each are to be made from No.94768042 HC/LM Harender Prasad and No.930219370 HC/GM Bharat Kumar Ghosh of FTR HQ BSF Punjab attached with this unit may be effected through their pay in 24 equal installments.

Sd/eligible

FOR COMMANDANT

129 BN BSF”

4. The petitioner made several representations to the authority including that of the Director General of BSF, HQs at CGO Complex, New Delhi but his grievance was not redressed.

 5. By filing this writ petition the petitioner sought for the following reliefs:

i. Issue a Rule calling upon the respondents to show cause as to why a Writ of Certiorari and/or in the nature thereof shall not be issued quashing/setting aside the impugned Order dated 09/10 March, 2015(Annexure P4 supra); ii. Call for records;

iii. Issue a Rule calling upon the respondents to show cause as to why a Writ of Mandamus and/or in the nature thereof shall not be issued mandating/directing not to act upon the impugned order dated 09/10 March, 2015(Annexure P4 supra) and also to show cause as to why the respondents and each one of them shall not be mandated/directed to forbear from acting upon the said order dated 09/10 March, 2015(Annexure P4 supra) and also to show cause as to why the salaries deducted illegally from the petitioner herein shall not be paid to the petitioner;

iv. Issue a Rule calling upon the respondents to show cause as to why a Writ of Prohibition and/or in the nature thereof shall not be prohibited to act upon the impugned order dated 09/10 March, 2015(Annexure P4 supra) and also to show cause as to why the respondents and each one of them shall not be prohibited to forbear from acting upon the said order dated 09/10 March, 2015(Annexure P4 supra) and also to show cause as to why the deductions illegally made from the petitioner herein shall not be repaid to him;

v. In the interim an Order in terms of i., iii and iv above; and

vi. After hearing the parties be please to make the Rule absolute in terms of i., iii. & iv above;”

6. Article 226(1) and (2) of the Constitution of India prescribes:

“226. Power of High Courts to issue certain writs.-

(1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.]

(2) The power conferred by clause (1) to issue directions,