Aniket Raj v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14215 of 2021 ====================================================== Aniket Raj S/o Ramji Ram R/o Khukhari, Nimchak, P.S. Nimchak Bathani Dist- Gaya, Bihar, Ex-Sub Inspector (Ministerial) Force No. 065310375, 178, Batalian C.R.P.F. Shopian (Jammu and Kashmir). ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home Affairs, New Delhi.

2.

The Director General of Police, C.R.P.F., Block No.1, C.G.O. Complex, Lodhi Road, New Delhi- 1100053.

3.

The Special Director General, North East Zone Head Quarters, C.R.P.F., 9th Mile, P.O. Amerigog, Guwahati (Assam) 781023. 4.

The Inspector General of Police, Eastern Sector, C.R.P.F. Stony Heaven, Bishop Cotton Road, Shilong, Meghalaya- 793001. 5.

The Deputy Inspector General, Range Head Quarter, CR.P.F., Khatkhati, Karbanglong (Assam) 782480.

6.

The Commandant, C/o 56 APO, 178 Batalian, C.R.P.F., Reshipora, P.S.- Jainapura, Dist- Shapia, Jammu and Kashmir 192303. 7.

The Commandant, 196 Batalian, C.R.P.F., Mahadev Ghati, BijapurBhopalpatnam Road, PO and PS and Dist- Bijapur, Chhatisgarh- 494444. 8.

Second-In Command (IRLA No. 5710) (Enquiry Officer), 196 Batalian, C.R.P.F., Mahadev Ghati, Bijapur- Bhopalpatnam Road, P.O. and P.S. and Dist- Bijapur, Chhattisgarh- 494444.

9.

Inspector (GD) No. 095100582 (Presenting Officer), 196 Batalian, C.R.P.F., Mahadev Ghati, Bijapur- Bhopalpatnam Road, PO. and P.S. and DistBijapur, Chhatisgarh- 494444. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad For the Respondent/s :

Mr. Dr. Krishna Nandan Singh (Asg) Mr. Amarjeet, JC to ASG Mr. Abhujeet Gautam, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-12-2021 Heard learned counsels for the parties.

2. In the present petition, petitioner has prayed for following reliefs:

Patna High Court CWJC No.14215 of 2021 dt.03-12-2021 2/3 "(a) To quash the office order dated 24.06.2021 issued under the signature of Inspector General of Police, Eastern Sector, C.R.P.F. Shilong, Meghalaya, whereby and whereunder order has been passed on the departmental appeal filed by petitioner wherein punishment of removal from 24.06.2021.

(b) To quash the office order dated 26.11.2020 issued under the signature of Deputy Inspector General of Police, Range Headquarter, CRPF, Khatkhati (Assam) whereby and whereunder, petitioner has been inflicted with punishment of stoppage of one annual increment for a period of two years without cumulative effect from the date of issuance of the order in the departmental proceeding initiated against the petitioner.

(c) To direct the respondent Special Director General, North East Zone, CRPF, Gowahati, Assam to dispose of the Revision Application dated 25.06.2021 filed by the petitioner under Rule-29 of CRPF Rule-1955.

(d) To direct the respondent to reinstate the petitioner in service with all consequential benefit.

(e) To grant any other reliefreliefs for which the petitioner is entitled under the facts and circumstances of the instant writ application."

3. The petitioner has questioned the validity of the orders passed by an officer whose office is in Shilong, Meghalaya and further the order of an officer who is working in Assam. Petitioner's revision application dated 25.06.2021 is before an officer whose office is situated in Assam. Merely,

Patna High Court CWJC No.14215 of 2021 dt.03-12-2021 3/3 petitioner is a resident of State of Bihar, the present petition cannot be entertained. On the other hand, his place of working is part and parcel of Meghalaya.

4. In the light of these facts and circumstances, this Court has no territorial jurisdiction so as to entertain the present petition.

5. Accordingly, the present petition stands dismissed reserving liberty to the petitioner to approach appropriate territorial jurisdictional Court.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 06.12.2021 Transmission Date