Praveen Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12165 of 2019 ====================================================== Praveen Kumar Son of Satish Kumar Singh Resident of Village/MohallaAjhar Ali Lane, Kali Sthan, Parbatti Chowk Asanandpur, Police StationKotwali Bhagalpur, District-Bhagalpur. ... ... Petitioner

Versus

1.

The Union of India through the Principal Secretary, Department of Finance, Government of India, New Delhi.

2.

The Chairman , Oriental Bank of Commerce, H.R.D. Department, Head Office, Plot, No.5, Institutional Area, Sector-32, Gurgaon-122001. 3.

The Managing Director, Oriental Bank of Commerce, POlot No.5, Institutional Area, Sector-32, Gurgaon-122001. 4.

The Chief General Manager, Oriental Bank of Commerce, Plot No.5, Institutional Area, Sector-32, Gurgaon-122001. 5.

The General Manager (H.R.D.)-Cum-Reviewing Authority, 2nd Floor, Corporate Office, Oriental Bank of Commerce, Plot No.5, Institutional Area, Sector-32, Gurgaon-122001.

6.

The Deputy General Manager (H.R.D.)-Cum-Appellate Authority, Oriental Bank of Commerce, Head Office, Plot No.05, Institutional Area, Sector-31, Gurgaon, Hariyana.

7.

The Assistant general Manager (D.A.D.)-Cum-the Disciplinary Authority, Oriental Bank of Commerce, Head Office, Plot No.05, Institutional Area, Sector-32, Gurgaon, Hariyana.

8.

Sri Ankit Kumar Misra, the Presenting Officer, Sr. Manager, Credit Monitoring Department, Corporate Office, Gurgaon, Oriental Bank of Commerce, 2nd Floor, Plot No.5, Sector-32, Gurgaon, Haryana. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Manoj Kumar Singh, Advocate For the Respondent No.1:

Mr. S.D.Sanjay, Addl. Solicitor General Mr. Satyavrat Verma, Advocate For the Respondents No.2 to 7:

Mr. Shivendra Kishore, Senior Advocate Mr. Nishi Nath Ojha, Advocate Mr. B.N.Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-01-2020 The petitioner was an officer under the Oriental Bank of Commerce. He has challenged, in the present writ application, an order dated 20.02.2018 passed by the General

Patna High Court CWJC No.12165 of 2019(3) dt.29-01-2020 2/3 Manager (H.R.D.)-cum-Reviewing Authority of the Bank, whereby he has affirmed an order of the appellate authority, i.e. the Deputy General Manager (H.R.D.)-cum-Appellate Authority of the Bank, at Gurgaon (Haryana) and has rejected the petitioner's review application. It appears that by an order dated 03.01.2016, passed by the Assistant General Manager (D.A.D.), Gurgaon (Haryana) of the Bank, who is the disciplinary authority, imposing punishment of dismissal from service on the petitioner, having the consequence of disqualification for future employment.

It is evident that all the orders, which are impugned, have been passed at places, which are beyond the territorial jurisdiction of this Court. The order of dismissal was served on the petitioner when he was working at Gurgaon (Haryana). In response to a query made by this Court as to how this writ application can be maintained before this Court, which does not have the territorial jurisdiction, learned counsel appearing on behalf of the petitioner has submitted that since the petitioner is resident of a place, which is situated within the territorial jurisdiction of this Court, this writ application is maintainable before this Court.

Mr. Shivendra Kishore, learned Senior Counsel

Patna High Court CWJC No.12165 of 2019(3) dt.29-01-2020 3/3 appearing on behalf of the petitioner, has rightly placed reliance on this Court's decision in case of Uday Prasad Singh vs. Union of India and Others, reported in 2014(3) PLJR 3 to submit that this application cannot be maintained because of lack of territorial jurisdiction.

This application is accordingly dismissed.

It is made clear that I have not gone into the merits of the case and the petitioner shall be at liberty to approach appropriate forum/Court of law seeking the reliefs, which have been sought in the present writ application.

(Chakradhari Sharan Singh, J) Pawan/- U