AJIT KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri Vikram Nath learned counsel for the petitioner and Sri Anand Kumar Sinha learned counsel for the respondents. In this petition prayer has been made for quashing the orders dated 3-6-1999, November 1992 and 4-1- 1992 passed by respondent Nos. 2 to 4 Annexures-8, 10 and 12 to the writ petition) and for issuance of mandamus commanding the respondents to reinstate the petitioner with all consequential benefits of pay, allowances, seniority, promotion etc.

(2.) WITH the consent of the parties the present writ petition is disposed of finally at this stage in view of Second proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.

(3.) ACCORDING to the petitioner the writ petition is maintainable before this pout and the same is to be adjudicated and decided by this Court for the reason on that the Union of India and the Inspector General of Police, C. R. P. F. , being a national body would be sued any where in the country in reference to the decision of the Supreme Court in 2001 (Vol 9) Supreme Court Cases 525 Dinesh Chandra Gahotri v. Chief of the Army Staff and another, as well as the decision of this Court (D. B.) 2002 (1) LBESR 37 (All) : 2002 (Vol 1) U. P. L. B. E. C. Page 468, Kailash Nath Tiwari v. Union of India. It has been further contended on behalf of the petitioner that since the petitioner and earlier approached this Court in the year 1993 by preferring the writ petition which was dismissed on the ground that fresh cause of action had therefore, the petitioner may file a fresh petition.