SMT. MANJESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has filed the special appeal against the judgment of the learned Single Judge whereby her writ petition was dismissed on the ground that the writ Court had no territorial jurisdiction to entertain the writ petition under Art. 226 of the Constitution of India.

(2.) The facts in brief was that the appellant was working as a Mahila Constable in Central Industrial Security Force at Hyderabad. A termination order dated 4th July, 2009 was passed by the Commandant at Hyderabad. The appellant filed an appeal, which was dismissed by the Inspector General, Mumbai by an order dated 13th Sept., 2009. Thereafter, the appellant preferred a revision, which was rejected by an order 9th Oct., 2009 by the Assistant Director General, New Delhi. All these orders have been challenged by the appellant in the writ petition contending that a part of cause of action arose in the State of Uttar Pradesh, inasmuch as the order of termination was received by her at her native place at Auraiya, which is in the State of Uttar Pradesh. Not only that, the appeal and the representation was sent by her from Auraiya through post and the order rejecting her appeal and representation was also received by her at Auraiya. It was thus, contended that the High Court of Judicature at Allahabad had the territorial jurisdiction to entertain the writ petition and decide the matter on merits.

(3.) The writ Court however, dismissed the writ petition on the ground that no cause of action or part of cause of action arose in the State of Uttar Pradesh and, therefore, the writ Court had no territorial jurisdiction to decide the matter. The appellant, being aggrieved, has filed the present appeal under Chapter 8, Rule 5 of the Rules of the Court.