Shiv Shankar Singh v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12519 of 2008 ====================================================== Shiv Shankar Singh, son of Surendra Singh, resident of village- Bhaluahi, P.O.- Sisahani, P.S.- Jiradei, District- Siwan. ... ... Petitioner/s
Versus
The Union of India and Ors ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Priyadarshi, Advocate Mr. Tej Pratap Singh, Advocate For the U.O.I.
:
Mr. Anshuman Singh, CGC ====================================================== 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 quashing the order dated 17.4.07, issued under signature of DIG/ Chief Law Officer (D&L) communicating the decision of Director General, B.S.F., who has rejected the petition dated 28.2.2007 which was filed as per direction given by this Hon'ble Court vide order dated 2.2.07 passed in C.W.J.C. No. 10920/02.
(ii) For quashing the order dated 12.8.2001 issued by the Second-inCommand, Officiating Commandant, 62 BN, BSF (Respondent No. 6) dismissing the petitioner from service with effect from 11.8.2001 (AN), contained in Annexure-4.
(iii) For issuance of appropriate order or direction commanding the respondents to reinstate the petitioner with all consequential
Patna High Court CWJC No.12519 of 2008 dt.25-07-2022 2/2 benefits.
(iv) For grant of any other relief or reliefs as may arise in the facts and circumstances of the 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.
5. With the above observations, the present petition stands disposed of.
(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 29.07.2022 Transmission Date