MANOHAR LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition a preliminary objection is raised by the respondents contending, inter alia, that no part of the cause of action has arisen within the territorial jurisdiction of this Court and, therefore, this writ petition cannot be entertained by this Court. In support of the said preliminary objection raised by the respondents, it was pointed out that what is challenged in the present writ petition is the order passed by the Commandant on 27th May, 2000 awarding to the petitioner the punishment of compulsory retirement from service. Being aggrieved by the aforesaid order the petitioner filed an appeal before his Appellate Authority, namely, the Deputy Inspector General of Police, Central Reserve Police Force. The said appeal was considered and disposed of by the Appellate Authority located in Allahabad, U.P. by issuing an order from Allahabad, UP which is dated 5th December, 2000. The petitioner could have filed a revision petition as against the aforesaid order but the said revisional remedy has not been invoked by the petitioner. It is pointed out that even the revisional authority is located at Lucknow.

(2.) In the context of the aforesaid facts, it was submitted by the Counsel appearing for the respondents that the incident, which was the subject-mate of the departmental proceedings initiated against the petitioner, having taken place at Kanpur and the order of punishment having been issued from Kanpur and the Appellate Authority having disposed of the appeal at Allahabad, no part of the cause of action could be said to have been arisen within the territorial jurisdiction of this Court and, therefore, this Court has no territorial jurisdiction to entertain this petition.

(3.) Being faced by the aforesaid position and plea of the respondent, Counsel appearing for the petitioner submitted that by virtue of the provisions of Article 226(2) of the Constitution of India, this Court shall have extra- territorial jurisdiction. He specifically submitted that the office of the Director General, CRPF is located in New Delhi and, therefore, this Court shall have territorial jurisdiction to decide this writ petition.