LAWS(J&K)-2016-3-11

RAKESH RAZDAN Vs. UNION OF INDIA AND ORS.

Decided On March 18, 2016
Rakesh Razdan Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) This writ petition is preferred by the writ petitioner with a prayer to quash order dated 13.01.1999 issued by respondent No. 3 awarding displeasure against the petitioner as well as letter dated 24.07.1998 communicating adverse remarks to the petitioner for the period ending March, 1997, letter dated 28.12.1998 communicating rejection of representation against adverse remarks, letter dated 25.06.2001 rejecting the representation by respondent No. 2 and order issued by respondent No. 3 whereby the petitioner has been excluded from consideration and promotion to the post of Deputy Commandant from the date of promotion given to his immediate juniors with all consequential benefits.

(2.) When the matter was heard on 22.12.2015, Mr. Rajesh Kumar Thappa, CGSC, the learned counsel appearing for the respondents raised a preliminary objection regarding the maintainability of the writ petition before this Bench, stating that cause of action to challenge the impugned orders has arisen within the jurisdiction of Kashmir Province, therefore, the writ petition could be filed before the Srinagar Wing of this Court.

(3.) Since a preliminary objection has been raised regarding want of jurisdiction of this Court, without going into merits of the case the said issue has been taken for determination.