UPENDRA KUMAR SINGH Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the Tribunal) on 21st September, 2015 whereby an Original Application [O.A. No.240/12(R)] filed by the petitioner was dismissed.

(2.) Initially, the petitioner filed an Original Application before the Patna Bench of the Tribunal. But it was transferred to Ranchi Bench as the Patna Bench did not have jurisdiction over the matter. Before the Tribunal, the grievance of the petitioner was in respect of works carried out in Qr. No.D/6, S. E. Railway, Raurkela, in the State of Jharkhand. As per the petitioner, excessive payment has been made to the contractor. The learned Tribunal held that the grievance of the petitioner that someone should or should not be directed to enter into measurement in MB, that is an operational matter which has nothing to do with the service matter, therefore, the matter does not fall within the purview of the Tribunal. Consequently, the Original Application was dismissed. Aggrieved by the said order, the petitioner has invoked the jurisdiction of this Court.

(3.) A preliminary objection has been raised by the learned counsel for the respondents that the order impugned is of Ranchi Bench of the Tribunal and in respect of quarters located in the State of Jharkhand. Therefore, this Court will not have any territorial jurisdiction to entertain the writ petition. It is also pointed out that the grievance is against the officers of the Railways posted in the State of Jharkhand, therefore, it is the Jharkhand High Court alone which will entertain the writ petition against the order passed by the Ranchi Bench. Learned counsel for the respondents relies upon a Division Bench judgment of this Court in CWJC No.13695 of 2011 (Arbind Rajak Versus The Union of India & Ors.) decided on 13th February, 2012 in support of his argument that this Court does not have the territorial jurisdiction to entertain the present petition.