JANARDAN MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. P.C.Acharya for the petitioner and Mr. P. K. Parhi, Standing Counsel, Central Government for the opp. parties.The writ petitioner, a permanent resident of Orissa was appointed as a constable in Central Industrial Security Force (hereinafter referred to as 'C.I.S.F.'). He was promoted to the rank of Assistant Sub -Inspector Clerk. While he was posted in the C.I.S.F. Unit, H.E.C., Ranchi a disciplinary proceeding was initiated against him. By final order dated August 29, 1998 the Deputy Inspector General of the Unit at Ranchi being the disciplinary authority imposed punishment of removal from service with immediate effect. The petitioner filed an appeal before the appellate authority, being the Inspector General, Eastern Sector. As the petitioner was removed from service he had to come back to his permanent place of residence in the district of Angul within the State of Orissa. By order dated April 9, 1999 the appellate authority dismissed the appeal and the said order was communicated to the writ petitioner at his permanent residence in the State of Orissa. Petitioner has filed this writ application before this Court challenging the said order of removal passed by the disciplinary authority and the appellate order passed by the appellate authority.

(2.) AT the stage of admission Mr. P.K.Parhi. learned Advocate for the opp. parties raised a preliminary objection regarding the territorial jurisdiction of this Court to entertain this writ application. According to him, petitioner was posted at Ranchi in the State of Bihar when the order of removal was passed. The office of the disciplinary authority was at Ranchi and that of the appellate authority at Patna and as such the petitioner cannot invoke the jurisdiction of his Court merely because he is a permanent resident of the State of Orissa or the appellate order was received by him within the State of Orissa.

(3.) LEARNED Advocate for the opp. parties has referred to the decisions of the Supreme Court in Oil and Natural Gas Commission v. Utpal Kumar Basu and others reported in JT 1994 (5) SC and in State of Rajasthan and others v. M/s. Swaika Properties and another. AIR 1985 SC 1289 to submit that mere service of the appellate order on the petitioner in the State of Orissa cannot form part of the cause of action.