Sudhir Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8949 of 2014 ====================================================== SUDHIR KUMAR SON OF NARADMUNI PRASAD RESIDENT OF VILLAGE - DHAMAR, P.S. ARA MUFFASSIL, DISTRICT - BHOJPUR ( BIHAR ) .... .... Petitioner/s

Versus

1. THE UNION OF INDIA THROUGH INSPECTOR GENERAL OF POLICE, MADHYA PRADESH SECTOR, CENTRAL RESERVE POLICE FORCE, BHOPAL ( M.P. )

2. THE DEPUTY INSPECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, BANGRASIA, BHOJPUR ( M.P. )

3. THE COMMANDANT, 80 BATTALION, CENTRAL RESERVE POLICE FORCE, JAGDALPUR, CHHATISGARH

4. THE DEPUTY COMMANDANT CUM ENQUIRY OFFICER, CENTRAL RESERVE POLICE FORCE, JAGDALPUR, CHHATISGARH .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek, Adv. For the Respondent/s : Mr. Sanjay Kumar, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-03-2015 Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:- "For setting aside an order no. 6 of 2014 dated 26.03.2014 passed by the Inspector General of Police, Madhya Pradesh Sector, Central Reserve Police Force, Bhopal (M.P.) by which he has affirmed the order dated 14.01.2013 passed by the Disciplinary Authority, (Resp. no. 3) and order dated 13.05.2013 passed by the Appellate Authority by which the petitioner has been dismissed from the service."

Having regard to the fact that the petitioner, a member

Patna High Court CWJC No.8949 of 2014 (2) dt.13-03-2015 of Central Reserve Police Force (C.R.P.F.) while being posted in 80 Battalion Jagdalpur Chhatisgarh was proceeded departmentally in the State of Chhatisgarh, and an order of punishment of dismissal from service against him was also passed on 14.01.2013 by the Commandant C.R.P.F., Jagdalpur in the State of Chhatisgarh and an appeal of the petitioner against such order of punishment dated 14.01.2013 was also filed in the State of Chhatisgarh which was affirmed on 26.03.2014 by the Inspector General of Police C.R.P.F., Madhya Pradesh Sector at Bhopal, this Court does not find any part of cause of action to have arisen within the territorial jurisdiction of this Court in terms of Article 226 of the Constitution of India to interfere in the matter.

When such an observation has been made, learned counsel for the petitioner seeks permission to withdraw this application in order to enable the petitioner to move competent court for the relief prayed for this writ application. That being so, this application is permitted to be withdrawn with the aforementioned liberty.

(Mihir Kumar Jha, J) Rishi/- U