BAKSISH AHMAD vs UNION OF INDIA & ANR.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10.01.2025 + W.P.(C) 229/2025 & CM APPL. 1111/2025 BAKSISH AHMAD .....Petitioner Through: Mr.M.A. Inayati, Adv. versus UNION OF INDIA & ANR. .....Respondents Through: Mr.Gaurav Barathi, Adv. for R-1-2. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioner praying for the following relief: - “(1) Issue a Writ/Order/Direction setting aside the dismissal order dated 27.10.2022 passed by the Commandant, and reinstate the petitioner in his post with all consequential benefits and back wages.” 2. The petitioner was dismissed from service vide the Impugned Order dated 27.10.2022 issued by the Commandant, 44 Bn. BSF, Narayanpur, District Malda, West Bengal. Aggrieved by the same, the petitioner submitted a Statutory Petition dated Signature Not Verified Digitally Signed W.P.(C) 229/2025 Page 1 of 3 By:SUNIL Signing Date:14.01.2025 20:01:53 18.09.2023, under Rule 28A of the BSF Rules, 1969, which was dismissed by the Inspector General, Frontier Headquarters, BSF, Jammu & Kashmir, vide Order dated 22.12.2023. 3. The petitioner himself is a resident of the State of Uttar Pradesh. 4. We, therefore, enquired from the petitioner as to why this petition has been filed before this Court. He submits that the petition has been filed before this Court as the office of the Director General, BSF and the Ministry of Home Affairs is situated at Delhi. 5. We do not find merit in the above submission. Merely because the offices of the respondents are situated in Delhi, would not make this court the forum conveniens, especially where no part of the cause of action has arisen within its jurisdiction. 6. In the present case, the petitioner