Amarjee Jha v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15913 of 2017 ====================================================== Amarjee Jha, son of Sri Govind Kumar Jha, resident of village - Ughara, Police Station - Bahadurpur and District - Darbhanga, Bihar. ... ... Petitioner/s

Versus

1.

The Union Of India, Ministry of Home Affairs, The A.D.C. (Pers-II), FHQ, S.S.B., New Delhi.

2.

The Office of the Deputy Inspector General, S.S.B Sector HQ - Jalpaiguri, West Bengal.

3.

The S.S.B. Office of the Commandant, 53 Bn. Simlabari, Falakata, District - Alipur Duar, West Benga 4.

Recording Officer, Dy. Commandant, 53rd, Bn. S.S.B. Simlabari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajib Ranjan Jha, Advocate For the Respondent/s :

Mr. Anshay Bahadur Mathur, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 21-12-2021 Heard learned counsel for the respective parties.

2. In the instant petition, the petitioner has prayed for the following reliefs:

"That this is an application for issuance of appropriate writ or writs, direction or directions for setting aside the order dated 08.05.2017 passed by the Respondent No.3 whereby and where under the petitioner was dismissed from service on the charges under sections 21(a), 29 (2) (i) and 43 of S. S. B. Act, 2007 vide No. 8402-12, and also for setting aside the order dated 22.08.2017 passed by the Respondent No. 2 whereby and whereunder the appeal filed by the petitioner has been rejected vide No. 8915-17 and upheld the punishment of dismissal from service awarded by the Respondent No. 3 and accordingly the said letter by which appeal filed by the petitioner against

Patna High Court CWJC No.15913 of 2017 dt.21-12-2021 2/2 punishment award is forwarded for further necessary action vide letter dated 24.08.2017 and or issuance of appropriate consequential writ or writs to stay the letter dated 24.08.2017 till the disposal of the present writ application and or for issuance of any other writ or writs under the facts and circumstances of the case."

3. The petitioner has questioned the validity of the order dated 08.05.2017 passed by an officer in the office of the Commandant 53rd Bn. SSB Simlabari, Post- Falakata, DistrictAlipurduar, West Bengal.

4. The petitioner has a remedy before the jurisdiction of the Court of West Bengal and this Court has no territorial jurisdiction so as to entertain the present petition merely on the ground that the petitioner is the resident of the State of Bihar.

5. Accordingly, the present petition stands dismissed reserving liberty to the petitioner to approach the jurisdictional forum.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.01.2022 Transmission Date NA