UDAY PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these writ applications filed under Article 226 of the Constitution of India were heard together as a common question pertaining to maintainability of these applications before this court arose on the ground of lack of territorial jurisdiction and are being disposed of by the present common order as this court is not satisfied with the plea of maintainability of the writ applications in this court. The facts pleaded for the purpose of deciding the question of territorial jurisdiction are not in dispute. The petitioner of CWJC No. 15095/2011 has challenged an order dated 22.7.2010 (Annexure-1) passed by the Senior Commandant, Central Industrial Security Force (hereinafter referred to as the CRPF), BSP, Bhilai (respondent No. 4) by which a punishment of compulsory retirement has been imposed upon him. The impugned order also contemplates reduction in retiral benefits. In terms of the said order, the petitioner has been held to be entitled only for subsistence allowance for the period during which he remained under suspension. At the time of passing of the said order, the petitioner was posted as Head Constable, CISF Unit, BSP, Bhilai. The order was served upon him at Bhilai. The petitioner preferred an appeal against the said order dated 22.7.2010 before the DIG, CISF, BSP, Bhilai (respondent No. 3) who rejected the said appeal by an order dated 11.9.2010. The petitioner's revision/memorial against the revisional order and the appellate order was also dismissed by the Inspector General, WS, CISF, Mumbai vide order dated 18.3.2011. Naturally, after imposition of punishment of compulsory retirement by order dated 22.7.2010, which was served upon the petitioner at the place of his posting, i.e. at Bhilai, the petitioner left the place of his posting and, accordingly, the communication of rejection of his appeal and revision was made to residential address of his village home, Barharia, District-Lakhisarai (Bihar). The place where the appellate order and the revisional order were communicated falls within the territorial jurisdiction of this court. The order of compulsory retirement was passed and communicated to the petitioner at Bhilai. The appellate order was passed at Bhilai and the revisional order at Mumbai.

(2.) In CWJC No. 12850/2010, the petitioner is aggrieved by an order dated 20.8.2009 passed by the Commandant, CISF Unit ECL, Seetalpur, District-Burdwan, West Bengal by which he has been dismissed from service. The petitioner was posted as Constable, SRP Campus, CISF Unit ECL, Seetalpur and the order of dismissal was served upon him at Seetalpur in West Bengal. The petitioner's appeal came to be dismissed by an order dated 4.11.2009 passed by the DIG, CISF, North Eastern Region, Kolkata. His revision application was dismissed by an order dated 6.2.2010 passed by IG, CISF, North Eastern Zone, Kolkata. In his case also the appellate order as well as the revisional order were communicated to his home village, Sarva in the district of Munger (Bihar) which is within the territorial jurisdiction of this court.

(3.) To sum up, the orders of dismissal/compulsory retirement of the petitioners in both the cases were passed and communicated to them at places not within the territorial jurisdiction of this court. The appellate orders and the revisional orders were passed by the authorities outside the territorial jurisdiction of this court and were communicated to them at their respective home village falling within the territorial jurisdiction of this court.