NARAYAN SWAMY G V Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS WRIT PETITION IS DIRECTED AGAINST THE ORDER NO. 469/lmc/cuo/fd/51/adm (REL-4), DATED 26-8-1994 ISSUED BY THE THIRD respondent. ACTING ON THE SAID ORDER OF THE THIRD RESPONDENT THE FOURTH respondent, OFFICER COMMANDING PETITIONER's UNIT, HAS DISCHARGED THE petitioner FROM SERVICES.

(2.) SRI ASHOK HARNAHALLI, SENIOR CENTRAL GOVERNMENT STANDING COUNSELAPPEARING FOR RESPONDENTS, HAS RAISED A PRELIMINARY OBJECTION QUESTIONING THE JURISDICTION OF THIS COURT TO ENTERTAIN THE PRESENT WRIT petition IN VIEW OF ARTICLE 226 (2) OF THE CONSTITUTION, WHICH READS AS follows:

(3.) IN THE PRESENT CASE IT IS NOT DISPUTED THAT THE PETITIONER AT THEMATERIAL TIME WAS DEPLOYED IN 96 FIELD REGIMENT UNIT IN OPERATIONAL AREA IN JAMMU AND KASHMIR. THE IMPUGNED ORDER OF DISCHARGE WAS passed BY THIRD RESPONDENT AT PUNE. IT WAS SERVED ON THE PETITIONER IN the TERRITORY OF JAMMU AND KASHMIR. IN PURSUANT TO THAT HE WAS discharged IN JAMMU AND KASHMIR ON 3-1-1995. THEREFORE ADMITTEDLY NO part OF CAUSE OF ACTION HAD ARISEN WITHIN THE TERRITORIAL JURISDICTION OF this HIGH COURT. THE MERE FACT THAT THE PETITIONER IS A RESIDENT OF THIS state IS OF NO CONSEQUENCE FOR DETERMINING THE JURISDICTION OF THIS COURT under ARTICLE 226 (2) OF THE CONSTITUTION. IN THE CASE OF TRISHALA SHOES (PRIVATE) LIMITED V UNION OF INDIA AND OTHERS , THIS COURT ON A CONSIDERATION of JUDGMENTS OF VARIOUS COURTS AND THAT OF THE SUPREME COURT IN the CASE OF STATE OF RAJASTHAN AND OTHERS V M/s. SWAIKA PROPERTIES AND another, HAS HELD THAT: