A.K. Yog, J. - (1.) This petition has been filed by one Constable, Rama Kant Shukla, serving in Border Security Force. Admittedly, provisions of Border Security Force Act, 1968, are applicable to the facts of the present case. Petitioner was serving somewhere in the State of Jammu and Kashmir on 21.6.1995 where some Incident alleged to have taken place. A charge-sheet was served upon the petitioner on 25th July. 1995 under 09 Battalion Border Security Force, where he was serving. He was put under summary trial by Summary Security Force Court as contemplated under the aforesaid Act. Evidence was led at Gujarat as is evident from the Annexures filed along with the writ petition.
(2.) The dismissal order dated 23.2.1996 (Annexure-12 to the writ petition) was passed and promulgated at Gujarat as contemplated under aforesaid Act.
(3.) A supplementary-affidavit was filed by the petitioner when this Court directed to disclose the cause of action. In para 3 of the Supplementary Affidavit. It is stated that petitioner had left place of his posting (at Gujarat) and no document has been filed to show when he left Gujarat after obtaining permission from the concerned competent authorities. The Supplementary Affidavit further discloses that petitioner was at Allahabad (though according to him for his treatment) where he received order of dismissal, which was redirected from his village address at Pratapgarh in State of U. P.;