DAYA SHANKAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) ADMITTEDLY , the petitioner at the relevant time was posted at Jullandhar and the movement order was served on him at Jullandhar. The petitioner was relieved from Military duties under the order of Raksha Mantralaya Karyalaya Maha Nedeshak Sashastra Sena Chikitsa Seva, New -Delhi. The petitioner's statutory complaint made by him from Jullandhar was dismissed by Government of India at New -Delhi. Although, the appeal preferred by the petitioner from his village in the district of Bhind when came to be dismissed, the dismissal order was conveyed to him, at his village address. But that would not provide the cause of action to the petitioner within the territorial jurisdiction of this Court. The authorities passing the order and relieving him from services are stationed outside the territorial jurisdiction of this Court.

(2.) THIS Court in that case found that an authority permanently located and normally carrying out its activities in New -Delhi cannot be bound by a writ issued by this Court, although, the matter was taken up by the authority at Jabalpur during its short visit but that did not provide the jurisdiction for challenging the order at Jabalpur under Article 226 of the Constitution of India. Further this Court in M.P. No. 935/89 (Harihar Singh v. Union of India and others), under the similar situation and considering the above authorities has held that the petition was liable to be dismissed for want of territorial jurisdiction.