NAGESHWAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) I will deal with the objection concerning territorial jurisdiction first. In this case, at the time of institution of the writ application the service of the writ petitioner was under the Eastern Railway administration having its headquarters in Calcutta. Subsequently in 2002 East Central Railway was created. That service would now be under the East Central Railway which is not within the territory of West Bengal. It is said that by virtue of this, this Court has lost its jurisdiction to try this case.

(2.) Furthermore, it has been contended on behalf of the respondent Railways that the service of the petitioner was in or near Patna, Bihar, the absence from service was also at or near that place, the show-cause notice or charge-sheet was issued there, the Enquiry Officer conducted the there, which are outside the jurisdiction of this Court.

(3.) The learned counsel representing the respondents, also represents East Central Railway.