HARBHAJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the petition under Articles 226/227 of the Constitution of India seeking directions on the basis of notification dated 11.8.2010 (Annexure P/3) to promote him to the post of Additional Director General with effect from 10.12.2014. The ground taken is that he had completed 30 years of service and had three years' service as Inspector General and that his case had been withheld with malafide intention by the respondents. He had become eligible in the year 2016, therefore, he in alternative was entitled atleast for the local rank of Additional Director General.

(2.) The respondents have filed an application for dismissal of the writ petition for want of territorial jurisdiction of this Court. It is their case that all the cause of action and proceedings adverse to the petitioner took place out side the boundaries of this Court. None of the cause of actions neither wholly or in part arose in the territorial jurisdiction of this Court. Resultantly, summarily dismissal of the writ petition for lack of territorial jurisdiction is pleaded.

(3.) In the reply to the application, reliance has been placed on several judgments that this Court as such has jurisdiction and the writ Court could invoke its jurisdiction under Article 226 of the Constitution of India irrespective of the fact as to whether the person or authority to whom the writ is sought to be issued is located within or outside the territorial limits of the High Court.