PRAMOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition the prayer is to quash the order dated 8.11.1996, contained in Annexure -1, issued by the Commanding Officer, Topkhana Abhilekh, Artillery Records, Nasik Road Camp, Nasik (respondent no. 2) dismissing the petitioner from service with effect from 28.10.1996. The said order was addressed to the Secretary, Zila Sainik Welfare Office, District Gaya (Bihar) (respondent no. 3) and communicated to the petitioner at Gaya through respondent no. 3.

(2.) MR . Mandal, learned Standing Counsel appearing for the Union of India has raised a preliminary objection as regards the maintainability of this writ application in this Court as, according to him, the order having been issued from Nasik, Maharashtra does not fall wihin the jurisdiction of this Court. It is submitted by Mr. Mandal that even last posting of the petitioner was outside the jurisdiction of this Court at Ambala Cantt. under the command of respondent no. 2. In this regard, he referred to a decision of the Supreme Court in the case of State of Rajasthan v. M/s. Swaika Properties reported in AIR 1985 S.C. 1289.

(3.) IT is not the case in the present case that the impugned order was published in the Official Gazette and/or that it shall be deemed to have been communicated the moment it was issued from Nasik under any provision of the Army Act or the rules framed thereunder. Undisputedly the impugned order of dismissal was communicated to the petitioner at Gaya which falls within the jurisdiction of this Court. As such, the said order of dismissal became effective only on its communication to the petitioner at Gaya. Accordingly, in my opinion, this Court will have the jurisdiction to entertain the present writ petition.