Court No. - 62
Case :- WRIT - A No. - 11661 of 2004 Petitioner :- Kamlesh Yadav Respondent :- Union Of India And Others Counsel for Petitioner :- Krishna Mohan Singh,Shree Prakash Giri,Vijay Gautam Counsel for Respondent :- Ssc,Mithilesh C.Tripathi,N.K. Chatterji,Pooja Agarwal
Hon'ble Rajiv Joshi,J.
Sri S.P. Giri, learned counsel for the petitioner and Ms. Pooja Agarwal, learned Additional Cheif Standing counsel representing the Union of India-respondents. Perused the record.
The petitioner has been working as a Head Constable/Driver in N.F.C. H.W.P. Manuguru, Centrial Industrial Security Force Unit Hyderabad (Andhra Pradesh).
This writ petition has been filed by the petitioner under Art. 226 of the Constitution for quashing the order dated 12.6.2001, 25.5.2003 and 27.11.2003 passed by the Commandant Central Industrial Security Force, NFC, ECIL, Hyderabad (Andhra Pradesh), Inspector General, R.C.F.L. Complex, Chaimur, Bombay and Director General of Police/E.W.S. CISF, New Delhi, whereby, major punishment of dismissal from service has been passed by the Disciplinary Authority vide first order, which was affirmed by the Appellate Authority vide second order and the revision was dismissed by the Revisional Authority vide third and last order respectively.
Relying upon the Full Bench decision of this Court in the case of Rajendra Kumar Mishra Vs. Union of India and others reported in (2005) 1 UPLBEC 108 as well as decision of the Apex curt in Naval Kishor Sharma Vs Union of India (2014) 9 SCC329, a preliminary objection has been raised by the learned counsel for the respondent regarding maintainability of this petition before this Court. According to learned counsel, this court has not no territorial jurisdiction to entertain the present petition.
In reply, learned counsel for the petitioner fairly admitted the said position. Perusal of the record shows that all the aforesaid three order were passed by the authorities located out side the State of Uttar Pradesh. Since the misconduct alleged against the petitioner has also been committed at Hyderabad (Andhra Pradesh) therefore, the entire cause of action arisen outside the State of U.P.
Applying the aforesaid principles, the preliminary objection so raised is sustained.
The writ petition is accordingly dismissed granting liberty to the petitioner to challenge the orders impugned before the appropriate Court.
Office is directed to return certified copy of the orders impugned to the learned counsel for the petitioner within two weeks.
Order Date :- 27.3.2018 Akbar