Md. Firoz Khan v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.413 of 2022 In Civil Writ Jurisdiction Case No.3033 of 2021 ====================================================== Md. Firoz Khan Son of Late Aziz Khan, Resident of Village- Patluka @ Patunka, Police Station - Nanpur, District- Sitamarhi. ... ... Appellant/s

Versus

1.

The Union of India through Secretary, Home Ministry, New Delhi. 2.

The Director General, Border Security Force, Lodhi Road, New Delhi. 3.

The Inspector General, Border Security Force, Patna Bihar. 4.

The Deputy Inspector General, Border Security Force, Patna, Bihar. 5.

The Commandant, 94 Bn. Kalyani Nadiya, West Bengal. 6.

Dr. Anil Barnwal, Chief Medical Officer, 25 Battalion, Border Security Force, Chawala, New Delhi - 110071.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Md. Mazharul Hassan, Advocate For the Respondent/s :

Mr. Satyabir Bharti, Sr. Panel Counsel ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-08-2024 The appellant has challenged the order, which denied jurisdiction on the ground of the appellant having been posted in West Bengal.

2. The appellant's grievance in the writ petition is with respect to the training which he discontinued on the basis of compassionate grounds.

3. The learned Counsel for the appellant submits that the compassionate ground was because the appellant had taken

Patna High Court L.P.A No.413 of 2022 dt.01-08-2024 2/2 ill. Any way, as of now he has joined back at 143 Battalion Rani Nagar Jalpai Guri, West Bengal. The mere permanent residence of the appellant will not give him jurisdiction to make a prayer for continuation of training before the High Court of Patna. As rightly pointed out by the learned Single Judge the appellant would have to approach either the High Court at Calcutta or that in New Delhi, where the Department has its head office.

4. We find absolutely no reason to interfere with the refusal of the learned Single Judge, to exercise jurisdiction.

5. The Letters Patent Appeal stands dismissed. (K. Vinod Chandran, CJ) ( Partha Sarthy, J) aditya/- AFR/NAFR CAV DATE Uploading Date Transmission Date