SANTOSH KUMAR DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner had initially filed this writ application challenging the memorandum of charges dtd. 31/1/2023 issued by the respondents to initiate a departmental proceeding against him. The petition was taken up for hearing on 5/10/2023 and an interim order to the effect of staying the departmental proceeding was passed, which was further continued on 7/11/2023. Thereafter, while this stay was in vogue, the respondents passed another order dtd. 5/12/2023 by which the petitioner has been premature retired from the service which was subsequently challenged by the petitioner by filing an application for amendment. The said application was allowed by an order dtd. 19/12/2023 and hence, when the matter has been taken up for the final hearing, the petitioner, seeks to challenge both the above aforesaid orders, i.e., the memorandum of charges issued by the respondent authorities dtd. 31/1/2023, as well as the order of premature retirement passed by them dtd. 5/12/2023.

(3.) A preliminary objection has been raised by Mr. Anil Kumar, ASGI representing the respondents questioning the maintainability of the instant writ petition on the ground of lack of territorial jurisdiction of this court. The contention of the respondents is based on the fact that the initiation of the departmental proceedings as well as the order of premature retirement dtd. 5/12/2023 have been passed by the authorities based at New Delhi and the same was served and executed by the authorities based out at Lucknow; and hence no cause of action has arisen within the territorial limits of this High Court.