Rupak Kumar v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14269 of 2015 ====================================================== Rupak Kumar, son of Sri Upendra Singh, resident of Village Kuhila, P.O. Kuhila, P.S. Akbarpur, Dist. Nawadah.
.... .... Petitioner/s
Versus
1. The Union of India through Deputy Director General of Police, Central Reserve Police Force, Ajmet, Rajasthan.
2. The Deputy Inspector General of Police, C.R.P.F., Ajmet, Rajasthan.
3. Commandant-61, BN. Central Reserve Police Force, Srinagar.
4. The Deputy Commandant-61, BN, Central Reserve Police Force, Srinagar.
5. The State of Bihar through Secretary, Labour Department, Government of Bihar, Patna.
6. Controller of Examination, Directorate of Employment & Training, Government of Bihar, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv. Mr. Viveka Nand, Adv.
For the Opp. Party no. 1 to 4 : Mr. S.D. Sanjay, Addl. Soc. Gen. Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 08-09-2015 Heard learned counsel for the parties.
The moment this Court would find that both the order of dismissal and its appellate order have been passed in the State of Rajasthan where the petitioner was posted while serving Central Reserve Police Force, it has to be necessarily held that this writ application will not be maintainable before this Court as no part of cause of action has arisen within the territorial jurisdiction of this Court.
While, learned Additional Solicitor General wanted this Court to also justify the impugned order on merit but once this
Patna High Court CWJC No.14269 of 2015 (2) dt.08-09-2015 Court would find that both the orders were passed in the State of Rajasthan, it would not like to make any observation on the merit of the case.
This application is, accordingly, held to be not maintainable in the Patna High Court but, then, nothing said in this order shall come in the way of the petitioner in approaching appropriate forum/court.
With the aforementioned observation, this application is dismissed.
(Mihir Kumar Jha, J) Rishi/- U