Om Prakash v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7074 of 2015 ====================================================== Om Prakash S/o Sri Pawan Kumar Jha Resident of Village Bairiya Rajendra Nagar, P.O. Kolhua Paigambarpur, P.S. Ahiyapur, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The Union of India through the Director General of Police C.R.P.F. Headquarter, New Delhi.

2. The Inspector General, West Region, C.R.P.F. New Mumbai.

3. The Deputy Inspector General, C.R.P.F. Pune Renj, Talegaon.

4. Sri D.S. Negi, the Commandent 219 Batalian, C.R.P.F. Injiram Sukma, Chhattisgarh.

5. Sri Randeep Sharma, the Deputy Commandent, C.R.P.F., Injiram, Sukma, Chattisgarh.

6. Sri Shashikant Kumar, the Presenting Officer, C.R.P.F., Injiram, Sukma, Chhattisgarh.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Adv For the U.O.I. : Mr. Sanjay Kumar(ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 05-05-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is a member of force and was dismissed after a departmental proceeding initiated at Chhatisgarh, this writ application for quashing of the order of dismissal or issuance of direction to the appellate authority to dispose of the appeal is wholly misconceived, inasmuch as, this Court will have no territorial jurisdiction to a cause of action which had accrued to the petitioner solely and

Patna High Court CWJC No.7074 of 2015 (2) dt.05-05-2015 exclusively in the State of Chhatisgarh. Law 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 in 2009 (1) PLJR 553 which has been followed by learned Single Judge in the case of Uday Prasad Singh & Ors vs the Union of India, reported in 2014(3) PLJR 3.

That being so, this writ application fails and is, accordingly, dismissed.

Nothing said in this order, however, will come in the way of the petitioner in moving before the appropriate Court/forum for redressal of his grievance raised herein.

(Mihir Kumar Jha, J) Ranjan/- U