LAWS(PAT)-1982-9-12

NAND KISHORE SINGH Vs. UNION OF INDIA

Decided On September 14, 1982
NAND KISHORE SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) WHEN this writ application was taken up for admission, the counsel for the Union of India raised a preliminary objection of maintainability of the application in this Court on the ground of lack of territorial jurisdiction. We therefore, heard the learned Counsel for both the parties on this question at some length and are accordingly disposing of the question.

(2.) THE petitioner Nand Kishore Singh was working as a security guard in the Central Industrial Security Force at Farakka Barrage Project Unit (West Bengal). From there he was transferred to Naya Nangal Unit in the State of Punjab in the year 1980. At that place he was served with a charge sheet on 4 -4 -1981 by respondent No. 4 Commandant of Central Industrial Security Force who passed a final order dated 30 -11 -1981 which is annexure 20 to this writ application. Respondent No. 4 held the petitioner guilty of the charges and passed order of his dismissal from the service with a liberty to the petitioner to prefer an appeal to the higher authority within the stipulated period if he so desired. Undisputedly this order was served upon the petitioner at Naya Nangal and he was released from the Unit on the same day. Thereafter he returned to his village home in the district of Aurangabad in this State. From that place he filed an appeal in the form of a representation on 9 -12 -1981 before the respondent No. 3 namely the D.I.G. (North West Region) Central Industrial Security Force Ministry of Home Affairs, New Delhi, who dismissed the same by his order dated 30 -1 -1982 (Annexure -1).

(3.) EARLIER to the present application the petitioner had filed a writ application in the Punjab and Haryana High Court (C.W.P. No. 5028 of 1981) against the show cause notice dated 19 -10 -1981 (Annexure -17). That writ application was however, dismissed in limine as being premature by the order dated 6 -11 -1981 (Annexure 18) with a direction to the petitioner to file a reply to the show cause notice.