PINTU MOHANTA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner is a permanent resident of Odisha. He was serving as a constable attached with the Central Reserve Police Force (CRPF in short). He was appointed on 19th January, 2016 and was posted in the 131 Battalion CRPF Patna, Bihar.

(2.) The petitioner was removed from service with effect from 28th September, 2016. He preferred an appeal before the competent authority through his learned advocate on 28th November, 2018. The Inspector General of Police, MP Sector, CRPF Bhopal vide a letter dated 31st January, 2019 replied to the said legal notice sent on behalf of the petitioner and confirmed that the order of removal from service has been made according to the CRPF Rules after conducting departmental enquiry. The authority opined that the punishment awarded by the disciplinary authority was in order and based on the principle of natural justice. The punishment is perfectly fine and in consonance with the offence committed by the employee.

(3.) At the opening of the case the learned counsel appearing on behalf of the respondent authorities raise a preliminary objection as regards to the maintainability of the writ petition before the High Court at Calcutta. It has been specifically submitted that the High Court at Calcutta does not have territorial jurisdiction to entertain the writ petition. The cause of action arose beyond the State of West Bengal. No part of the cause of action arose within the State of West Bengal. The learned counsel prayed for dismissal of the writ petition on the ground of lack of territorial jurisdiction.