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The Supreme Court through its judgment dated 09.06.2026 in the matter of Baksish Ahmad v. Union of India & Anr.1 held that Article 226 of the Constitution permits filing of the writ petition as per situs of office of the respondent(s) and cause of action which gives the right to action. Where the question of pursing a constitutional remedy is involved and invocation of writ jurisdiction is traceable to Article 226(1), the doctrine of forum non conveniens may rarely apply.
In the present matter, the Appellant, a member of the BSF, was dismissed from service. Pursuant thereto, the Appellant filed a Petition under Rule 28A of the Border Security Force Rules, 1969 was subsequently rejected by the Inspector General, BSF, Jammu. Aggrieved thereby, the Appellant invoked the Writ jurisdiction of the High Court of Delhi. The High Court, however, declined to entertain the Writ Petition on the ground that no part of the cause of action had arisen within its territorial jurisdiction and that Delhi was not the forum conveniens merely because the offices of the Director General, BSF and the Ministry of Home Affairs were situated in Delhi.
The Supreme Court further held that if any member of Central Armed Police Forces is aggrieved by any administrative order of termination of his service issued by competent authority, notwithstanding whether the cause of action arose outside i.e., the said order was issued from a place beyond the territorial limits of Delhi High Court or that the events which triggered such an order occurred outside its limits, etc., still the Delhi High Court would have territorial jurisdiction in light of situs of the office of the Union of India and CAPF being in Delhi.
Footnote
1. SLP (C) Nos. 855-856 OF 2026.
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