PRAMOD KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner, impugning the order dtd. 5/3/2021 passed by the Central Administrative Tribunal, Jodhpur Bench (hereinafter for short 'the CAT'), whereby the Original Application No.290/00066/2020 filed by the petitioner has been dismissed as not maintainable for want of jurisdiction before the Jodhpur Bench and the CAT has opined that the OA was not amenable in territorial jurisdiction of the Jodhpur Bench and the better place of redressal for grievance of petitioner is before the Kolkata Bench.

(2.) The relevant facts of the case pertaining to the issue of territorial jurisdiction of the CAT are that the petitioner was transferred from post of SPO Jhunjhunu Division to the post of Assistant Director of Postal Services at Jodhpur vide order dtd. 9/4/2012 (Annx.I); the petitioner joined and assumed the charge of Assistant Director of Postal Services at Jodhpur w.e.f. 10/4/2012. Petitioner submits that while he was posted at Jodhpur, he was placed under suspension under rule 10 of CCS (CCA) Rules, 1965 w.e.f. 11/4/2012 vide order dtd. 10/4/2012 for the reason 'a criminal offence was under investigation'. The petitioner was implicated in a criminal case before the court SPE/CBI Jaipur, alleging commission of offence under Ss. 7 and 13(2) read with Sec. 13(l)(d) of the Prevention of Corruption Act 1988 i.e. demanding and receiving bribe.

(3.) Petitioner submits that while he was posted at Jodhpur, charge-sheet dtd. 2/6/2014 (Annx.A/1 with OA) was served upon him under rule 14 of CCS (CCA) Rules, 1965.