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Patna High CourtCWJC/20769/2019dismissed

Rajesh Kumar Singh v. The Union Of India

2019-12-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20769 of 2019 ====================================================== Rajesh Kumar Singh Son of Sri Mahendra Singh, Resident of VillageJorwarpur Milki, P.S. Gafaraj Ganj, District- Bhojpur, Ara. ... ... Petitioner/s

Versus

1.

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

2.

The DI.G., SHQ (Sector Headquarter), SSB, Feil Complex, Gorakhpur, Uttar Pradesh- 273007 3.

The Staff Officer(Adm), SHQ (Sector Headquarter), SSB, Feil Complex, Gorakhpur, Uttar Pradesh- 273007 4.

The Commandant, 27th Battalion, SSB, Jhapha, Bihar. 5.

Thge Commandant, 50th Battalion, SSB, Tulsipur, District- Balrampur, Uttar Pradesh- 271208 6.

The Assistant Commandant, 50th Battalion, SSB, Tulsipur, DistrictBalrampur, Uttar Pradesh- 271208 7.

The Inspector (HQR), 50th Battalion, SSB, Tulsipur, District- Balrampur, Uttar Pradesh- 271208 8.

The Deputy Commandant, 50th Battalion, SSB, Tulsipur, DistrictBalrampur, Uttar Pradesh- 271208 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surj Bansh Roy, Advocate For the UOI :

Mr. Naresh Dikshit, Sr. Panel Counsel Ms. Vaishnavi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 11-12-2019 Heard learned counsel for the parties.

2. The petitioner has put to challenge an order dated 07.09.2017 passed by the Commandant 50th Battalion, Sector Hqrs., SSB, Tulsipur, U.P., whereby after committing the act of misconduct he has been awarded punishment of 28 days imprisonment in force custody and 14 days pay fine in any one

Patna High Court CWJC No.20769 of 2019 dt.11-12-2019 2/2 month. The said order was passed beyond the territorial jurisdiction of this Court. There is no pleading in the writ application, on the basis of which, it can be said that any cause of action has arisen between the territorial jurisdiction of this Court. The said order dated 06.02.2015 is said to have been subsequently approved by an order dated 07.09.2017 by the respondent No. 3 who is also located outside the territorial jurisdiction of this Court.

3. In my opinion, this writ application is not maintainable on the ground of lack of territorial jurisdiction and, is, therefore, dismissed.

4. The petitioner shall, however, have the liberty to approach the appropriate forum/court to question the legality of the orders impugned.

(Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR CAV DATE N.A.

Uploading Date 20/12/2019 Transmission Date N.A.