MANISH KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Vijay Gautam learned Senior Advocate assisted by Sri Amrish Chaterjee, Sri D.K. Mishra and Ms. Atipriya Gautam, learned advocates for the petitioners and Sri Satish Kumar Rai, Sri Manoj Kumar Singh, Sri Nand Lal, Sri Raghuraj Kishore Mishra and Sri Purnendu Kumar Singh, learned advocates appearing on behalf of the respondents.

(2.) This Larger Bench has been constituted under the orders of Hon'ble the Chief Justice on a reference made by the learned Single Judge vide judgment and order dated 25th January, 2017. In the writ petitions challenging the dismissal order and the order passed by the appellate and the revisional authority under the provisions of 11(1) of CRPF Act, 1949 readwith Rule 27 of Central Reserve Police Force Rules, 1955, a preliminary objection was raised with regard to the territorial jurisdiction of this Court. It was argued that no cause of action or part of cause of action has accrued to the petitioners within the State of U.P. and merely because the appellate and the revisional order had been communicated to them at their respective home districts in the State of Uttar Pradesh, same would not confer jurisdiction upon this Court to entertain the writ petitions.

(3.) The submission was that since the dismissal order has been passed by the Commandant, 129th Battalion, CRPF at Bhotgaon, Kokarajhar, Assam and was communicated to the petitioners there itself and further that the departmental appeal and revision have been rejected by the competent authorities at Bhopal, the remedy before the petitioners is to either approach the Gauhati High Court or Jabalpur High Court, whichever they choose. The writ petitions challenging the dismissal, appellate and revisional orders cannot be maintained in this Court.