DINESH PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri N.A. Khan, learned counsel for the petitioner and Sri Ashutosh Upadhyaya, advocate, holding brief of Sri V.K. Shukla, learned counsel for the respondents.

(2.) The Court is of the view that the writ petition is not maintainable in this Court inasmuch as no cause of action arises in the State of U.P. The petitioner was posted at Neemuch (M.P.). The impugned dismissal order has been passed by the Commandant 89 Battalion, C.R.P.F., New Delhi. 18. Therefore, either the cause of action arose at Neemuch (M.P.) or at New Delhi and not in the State of U.P.

(3.) A Full Bench of this Court in Rajendra Kumar Mishra v. Union of India and others, 2005 1 UPLBEC 108, held that since misconduct was committed at Calcutta and Summary Court Martial was also held at Calcutta, the entire cause of action arose at Calcutta and, therefore, the Allahabad High Court will have no jurisdiction and the observations are as follows: