Delhi High Court
Durga Nand Jha vs U.O.I & Ors on 12 January, 2015
Author: A. K. Pathak
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1373/2014
Decided on 12th January, 2015
DURGA NAND JHA ..... Petitioner
Through: Mr. Anil Kumar Jha, Adv.
versus
U.O.I & ORS ..... Respondent
Through: Mr. Ankur Chhibber, Adv. for R-1 &
R-2.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
A.K. PATHAK, J.(ORAL)
1. Petitioner is resident of State of Bihar. He is father of Sgt. S.K. Jha,
who went missing from Pathankot in State of Punjab since November, 2004,
where he was posted as Flight Engineer in the Indian Air Force. On 7 th
November, 2004 Sgt. S.K.Jha was assigned temporary duty at 28 Wing,
Hindon Air Force Station situated in Ghaziabad, Uttar Pradesh. He was
required to report back to his parent unit at Pathankot on 16 th November,
2004. He was last seen by a Senior Non Commissioned Officer at Air Force
Mess, Pathankot on 15th November, 2004 at 07:50 pm. However, Sgt. S.K.
Jha did not report for duty on 16th November, 2004. Accordingly, an
absentee report was prepared on 16th November, 2004 and petitioner was
W.P. (Crl.) 1373/2014 Page 1 of 4
informed on 17th November, 2004. A letter was also sent to Police Station
City Division No. II, Dhangu Road, Pathankot on 22nd November, 2004 for
lodging an FIR as a case of desertion of Sgt. S.K. Jha. Pursuant to the said
complaint, DD No. 10 was lodged on 24th November, 2004 in the police
station Dhangu Road, Pathankot.
2. A Court of Inquiry was ordered on 16th December, 2004 to enquire
into the circumstances under which Sgt. S.K. Jha had absented himself
without leave with effect from 16th November, 2004. On 4th January, 2005
Court of Inquiry concluded that Sgt. S.K. Jha had illegally absented himself
without leave from the Air Force Station Pathankot with effect from 16th
November, 2004. Vide letter dated 13th January, 2005 petitioner was
informed about the desertion of his son under intimation to the SHO P.S.
Pandaul District Madhubani, Bihar.
3. Vide letter dated 21st June, 2005 Air Force authorities requested the
Superintendent of Police, Pathankot to inform about the progress of
investigation regarding missing report dated 24th November, 2004.
Thereafter, second Court of Inquiry was convened on 24th November, 2005
and completed on 4th February, 2006.
4. Smt. Mamta Jha, wife of Sgt. S.K. Jha, filed a writ of habeas corpus
W.P. (Crl.) 1373/2014 Page 2 of 4
bearing Crl. W.J.C. No. 679/2006 before the High Court of judicature at
Patna which was dismissed on 11th October, 2006. It was observed that
matter was pending investigation in the State of Punjab, inasmuch as, Air
Force authorities were also making efforts to locate husband of Smt. Mamta
Jha. Thereafter, Smt. Mamta Jha filed C.W.P. 17170/2008 before the
Punjab and Haryana High Court on 24th September, 2008 for quashing of
order dated 21st November, 2007 passed by the Joint Director (Employment)
of Air Force and also for her appointment on compassionate ground. She
also challenged the order passed by the Air Force authorities whereby Sgt.
S.K. Jha was declared as 'deserter'. This writ petition was disposed of vide
order dated 1st December, 2009, which reads as under :
Accordingly, present petition is disposed of as it is expected
that the findings of Court of Inquiry will be approved and the
petitioner will be eligible for all benefits which she is entitled to
as wife of a missing soldier."
5. By this writ petition, petitioner has approached this Court seeking
direction against Ministry of Defence and Air Force Department, that is,
respondent nos. 1 and 2 respectively to get the matter regarding missing of
Sgt. S.K. Jha investigated from respondent no. 3, that is, Central Bureau of
Investigation.
6. Sgt. S.K. Jha was posted at Pathankot where he was last seen by a
W.P. (Crl.) 1373/2014 Page 3 of 4
Senior Non Commissioner Officer in SNCO's Mess, Air Force Station,
Pathankot. Sgt. S.K. Jha has gone missing from Pathankot within the State
of Punjab, inasmuch as, missing report was filed in the Police Station City
Division No. II, Dhangu Road, Pathankot. No offence or part of offence has
been committed nor any cause of action has arisen in Delhi, thus, in my
view, this Court has no territorial jurisdiction to entertain this petition.
Merely because Ministry of Defence and Air Force Headquarters are in
Delhi would not be sufficient to vest jurisdiction in this Court to entertain
the present petition more so, when no cause of action has arisen in Delhi.
7. Writ petition is dismissed for want of jurisdiction.
A.K. PATHAK, J.
JANUARY 12, 2015
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