RANJIT SINGH, J (Oral)
The petitioner was serving with 16 Bn BSF, which was stationed in Jammu and Kashmir at the relevant time. He has impugned his trial by a Summary Security Force Court and the sentence of dismissal imposed on him. The allegations against the petitioner were for remaining absent from duty or overstaying leave, on different occasions. The petitioner had pleaded guilty to the charges levelled against him and, thereafter, the impugned punishment was imposed.
The petitioner, at the time of his trial was serving in the station of Jammu and Kashmir, where his trial by Summary Security Force Court was held. The proceedings of Summary Security Force Court, however, were counter signed by the Deputy Inspector General of Border Security Force, who is stationed at Ferozepur.
In my considered opinion, mere counter signature on the proceedings by Deputy Inspector General at Ferozepur would not give cause of action or part of action to the petitioner to approach this Court by way of present writ petition. Counter signature by the Deputy Inspector General, may be done at Ferozepur, would not constitute a bundle in the cause of action or part of cause of action in whole or in part for the petitioner to maintain the petition before this Court. This Court lacks jurisdiction to deal with this petition.
The petition, accordingly, is dismissed for want of territorial jurisdiction with liberty to the petitioner to file a fresh petition before the Court of competent jurisdiction.