Narendra Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6626 of 2013 =========================================================== Narendra Singh Son Of Sri Surya Narain Singh Resident Of Village- Karara, P.S. Ara Muffasil, District- Bhojpur .... .... Petitioner/s

Versus

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

2. The Director General Of Police, Central Reserve Police Force, Lodhi Road, Cgo Complex, New Delhi

3. Inspector General, Central Reserve Police Force, North East Sector, Stony Heaven Bishop Cotton, Road No. 0364, Shilong, Meghalaya

4. Dy. Inspector General, Central Reserve Police Force, Udarband Dayapur, Silchar, Assam

5. Commandant, Central Reserve Police Force, 136, Battalion, Nalbari, Assam .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Advocate : Mr. Manish Kumar, Advocate For the UOI : Mr. Anjani Kumar Sharan, Ass. S.G. =========================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date: 29-01-2018 This writ petition has been filed by the petitioner for setting aside the order dated 20.10.2009 passed by the Deputy Inspector General of CRPF, Silchar, Assam by which a punishment of compulsory retirement has been imposed on petitioner as well as order dated 30.04.2010 passed by the Appellate Authority Inspector General of Police, CRPF, NE Sector, Shillong by which the appeal preferred by petitioner has been rejected as well as order dated February, 2011 by which Director General, CRPF, New Delhi has rejected the revision petition of petitioner. At the outset respondents have taken a preliminary

Patna High Court CWJC No.6626 of 2013 dt.29-01-2018 2/2 objection regarding maintainability of the writ petition in Patna High Court as no cause of action has taken place within the territorial jurisdiction of Bihar, as such, this Court has no territorial jurisdiction to entertain the present petition. The counsel for the respondents relied upon a judgment passed by Patna High Court as reported in 2016 (3) PLJR 870.

After considering the preliminary objection raised by respondents, this Court finds that this Court has no territorial jurisdiction to entertain the writ petition as no cause of action has arisen within the State of Bihar, as such, writ petition is not maintainable before this Court and it is rejected as not maintainable. However, liberty is granted to the petitioner to approach the appropriate Court having jurisdiction over the matter and if such petition is filed the concerned Court may take into the account the pendency of present writ petition from 2013 to 2017 in Patna High Court.

With said observation and liberty, present petition is disposed of.

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