EX-NAIK RAM SHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri Satyajit Mukerji, learned counsel for the appellant and Shri S. K. Rai for the respondents.

(2.) THIS Special Appeal has been filed against the judgment and order of the learned Single Judge dated 30. 1. 2008, by which order the writ petition filed by the petitioner-appellant has been dismissed on the ground of lack of territorial jurisdiction of this Court.

(3.) SHRI S. K. Rai, learned counsel for the respondents refuting the submissions of the learned counsel for the appellant contends that no part of cause of action arose within the territorial jurisdiction of this Court, hence the writ petition could not have been entertained. He submitted that the appellant was posted at Kolkata, West Bengal and the Summary Court Martial was held there in which the appellant participate and was ultimately dismissed form service. He submits that the appellate authority decided the appeal also at Kolkata and mere communication of the appellate order will not give a part of cause of action. He has placed reliance on a Division Bench judgment of this Court in Chabi Nath Raj v. Union of India and others, 1997 (1)UPLBEC 236.