MD.SADIQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) IN order to appreciate the question raised by Mr. P.D. Agarwal learned counsel appearing for the respondents by way of preliminary objection regarding the maintainability of the present writ petition before this Court, I consider it pertinent to mention here some relevant facts arising out of the present writ petition.

(2.) THE petitioner, resident of the district of Koderma within the State of Jharkhand, was a constable in Central Industrial Security Force Unit, Shar Centre, Sriharikota, Andhra Pradesh. While the petitioner was posted at Sriharikota, a charge memo under the CISF Rules dated 17.6.1999 was issued and subsequently the petitioner was awarded punishment of fine equivalent to seven days wages. Thereafter, appeal filed by the petitioner against the said punishment was rejected by the Commandant, CISF (Ministry of Home Affairs) Unit Shar Centre Sriharikota 524124 (A.P.) vide order dated 2.8.1999. Again for some other charges, another memorandum of charge was served on the petitioner by the Senior Commandant, CISF (Ministry of Home Affairs) VIth RES.BN. Arakkonam while the petitioner was posted at Vellore within the State of Tamil Nadu and ultimately by a final order dated 19.1.2001 as contained in Annexure -8 to the writ application the petitioner was awarded penalty of removal from Service. Thereafter, the petitioner is said to have filed appeal before the Deputy Inspector General of Police CISF which was also rejected vide order dated 13.4.2001 and copy of the said order was communicated to the petitioner which has been annexed as Annexure -9 to the writ petition.

(3.) MR . Rajiv Ranjan learned counsel for the petitioner submitted that since the petitioner is resident of the State of Jharkhand and after removal of service he was residing in the district of Koderma within the State of Jharkhand and from there only he filed an appeal against the order of removal from service and also because the order of appellate Court as contained in Annexure -9 to the writ petition dismissing his appeal was communicated to the petitioner in the address of his native village situated within the State of Jharkhand therefore, this Court has got jurisdiction to entertain this writ petition.