Dular Chand Ram v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6286 of 2014 ====================================================== Dular Chand Ram Son Of Late Jageshwar Ram Resident Of Village + P.O. - Jamuaon, P.O. - Piro, District - Bhojpur At Ara. .... .... Petitioner/s

Versus

1. The Union Of India Through The Secretary, Ministry Of Home Affairs, Government Of India, New Delhi

2. The Director General Of Police, C.I.S.F., New Delhi

3. The Inspector General , Central Industrial Security Force, North East Zone, Kasba, Kolkata, West Bengal

4. The Deputy Inspector General, Central Industrial Security Force, Head Quarter , North East Zone, Kasba, Kolkata, West Bengal

5. The Group Commandant, Central Industrial Secrurity Force, Group Hqrs Mrd Road, Bamuni Maidan, Gawahati - 21

6. The Dy.Commandant, Central Industrial Security Force, Unit B.R.P.L., Bongaigoan, Assam .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Pd Singh, Sr. Adv & Mukesh Kumar Singh, Adv For the Union of India : Mr. Satyavrat Verma, C.G.C ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 18-02-2015 Heard learned counsel for the parties.

Having regard to the preliminary objection raised by the learned counsel for the respondents as with regard to maintainability of the writ application as no part of cause of action has arisen within the territorial jurisdiction of this Court, the writ application has to be dismissed keeping in view that the order dated 14.08.2006 (Annexure-1) as with regard to removal of

Patna High Court CWJC No.6286 of 2014 (4) dt.18-02-2015 the petitioner from service was passed at Guwahati who was also posted at that point of time at Guwahati. As a matter of fact, the order dated 14.08.2006, had given each and every cause of action to the petitioner at Guwahati and the same could not have been even otherwise assailed before this Court on the ground of appellate order being passed on 13.10.2006 which again was passed by Deputy Inspector General of CISF, Kolkata on 13.10.2006. The rejection of the revision application filed by the petitioner on 08.11.2013 (Annexure-1/C) passed by the Inspector General of CISF, Kolkata, again will leave nothing for this Court but to hold that no part of cause of action for the petitioner had arisen within the territorial jurisdiction of this Court.

Mr. Singh, learned senior counsel for the petitioner submits that since earlier an application filed by the petitioner in this Court was entertained will be also of no avail, so far it relates to the issue of territorial

Patna High Court CWJC No.6286 of 2014 (4) dt.18-02-2015 jurisdiction, inasmuch as in that order this issue was never gone into.

Law however in this regard has been well settled by a Division Bench of this Court in the case of Amar Kumar Choubey vs the Union of India & Ors reported 2009 (1) PLJR 553 which has been even recently followed by a learned Single Judge in the case of Uday Prasad Singh & Ors vs the Union of India, reported in 2014(3) PLJR 3.

Thus, while this writ application is dismissed as not maintainable only on the ground of lack of territorial jurisdiction of this Court, nothing said in this order, however, will come in the way of the petitioner in moving before the appropriate Court for assailing the impugned orders passed at Guwahati and Kolkata. (Mihir Kumar Jha, J) Ranjan/- U