THE UNION OF INDIA Vs. RAJEEV KAPOOR

JUDGEMENT

(1.) This writ petition has been filed by Union of India being aggrieved by the order dated 28.10.2014 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 3730 of 2013 whereby the Tribunal has quashed and set aside the order of the Appellate Authority and the Disciplinary Authority. The sole respondent is Rajiv Kapoor, has appeared. The respondent herein is posted as Inspector, Customs and Central Excise, on deputation in Settlement Commission, New Delhi. The sole respondent, who was the applicant before the Tribunal at Delhi and Mr. M.P. Dixit, learned counsel for the respondent, has raised objection, as to jurisdiction. He submits that as the order, by which Union of India is aggrieved, is an order passed by the Central Administrative Tribunal at New Delhi and further, as the sole contesting respondent was and is residing at New Delhi, the writ petition at Patna is not maintainable.

(2.) On the other hand, learned counsel for the petitioners, Union of India, submits that part cause of action i.e. the order of the Disciplinary Authority and the Appellate Authority, having been passed in the State of Bihar, this Court has jurisdiction. We have considered the matter and in our view, the primary objection raised is correct. Union of India is not aggrieved by the order of the Disciplinary Authority or Appellate Authority.

(3.) Accordingly, this Court will have no jurisdiction in the matter. In the result, this writ petition is not maintainable at Patna and the same is dismissed.