IN THE HIGH COURT OF TRIPURA
, J
Bharat Kumar Ghosh v. Union of India and Others
W. P. (C) No. 429 of 2016
| Table of Content |
|---|
| 1. territorial jurisdiction requirement for writ petitions. (Para 1 , 6 , 11) |
| 2. arguments regarding jurisdiction from both parties. (Para 2 , 8 , 9) |
| 3. facts establishing the background of the case and the authority involved. (Para 3 , 4 , 10 , 12) |
| 4. the importance of clearly establishing 'cause of action' to justify jurisdiction. (Para 14) |
| 5. final determination of jurisdiction leading to dismissal. (Para 17) |
1. The question which fell for consideration at the motion stage itself is whether this Court has territorial jurisdiction to entertain this writ petition under Art.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 respondent - Union 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 store - yard 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 / 15/3155-59 dated 09/10 Mar, 2015
#### O R D E R ####
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 relief(s):
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. Art.226(1) and (2) of the Constitution of India prescribes:
"226. Power of High Courts to issue certain writs. - (1) Notwithstanding anything in Art.32, every High Court shall have power, throughout the territories
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.