IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8149 of 2010

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Shiv Shankar Jha S/O Late Satan Jiv Jha R/O Vill.- Mahatha, P.S.- Ladaniya,

Distt.- Madhubani

... ... Petitioner/s

Versus

1.

The Union Of India

2.

The Inspector General, Frontier Headquarter, Shasatra Seema Bal, H/No.

345, Nikita Complex, G.S.Roa

3.

The Deputy Inspector General, Sector Headquarter, Shasatra Seema Bal,

Bongaigaon

4.

Commandant 10th Bn Malbazar, Shasatra Seema Bal, Distt.- Jalpaiguri Wb

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Gagan Deo Yadav

For the Respondent/s

:

Mr.N.A. Shamsi Asgi

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 25-07-2022

Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for

following reliefs:-

i. For issuance of writ in the

nature of Certiorari for quashing of

order no. 10012-18 dated 27.04.07 by

which the petitioner has been awarded

punishment and penalty of Removal

from government service w.e.f. 26.4.07

by respondent no. 4, the Commandant of

Shasatra Seema Bal (SSB), 10^th Bn.

Malbazar.

ii. For issuance of writ in the

nature of Certiorari for quashing of

order of appeal passed by Deputy

Inspector General of the force

(respondent no.3) contained in order no.

523-25 dated 13.01.09 by which appeal

Patna High Court CWJC No.8149 of 2010 dt.25-07-2022

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preferred by the petitioner has been

dismissed and order of removal from

service of the petitioner has been

confirmed.

iii. For issuance of writ in the

nature of Certiorari for quashing of

order of revision passed by the Inspector

General (respondent no. 2) contained in

order no. 19211-13 dated 27.07.09 by

which revision petition filed by the

petitioner has been rejected affirming

the order of removal and order of appeal

passed by Dy. I.G.

iv. For a direction in the

nature of writ of Mandamus upon the

respondents to reinstate the petitioner in

service on the post of constable with

entire consequential monetary benefits.

v. And/or pass such other

order/directions to which the petitioner

is entitled in the facts and circumstances

of this case.”

3. Impugned orders were issued by the authorities

who were sitting in different State other than the State of Bihar.

This Court in identical matter rejected the petition on the issue

of territorial jurisdiction, namely, C.W.J.C. No. 11139 of 2018.

4. In the light of the aforesaid decision, the present

petition stands disposed of reserving liberty to invoke

appropriate territorial jurisdiction forum. In the event of

invoking territorial jurisdiction Court, the jurisdictional forum is

requested to take note of Section 14 of the Limitation Act so as

to condone the delay in entertaining the petition to be filed by

the petitioner.

Patna High Court CWJC No.8149 of 2010 dt.25-07-2022

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5. With the above observations, the present petition

stands disposed of.

rakhi/-

(P. B. Bajanthri, J)

AFR/NAFR

CAV DATE

Uploading Date

29.07.2022

Transmission Date