Court No. - 35
Case :- WRIT - A No. - 18406 of 2021 Petitioner :- Pramod Kumar Respondent :- The Union Of India And 4 Others Counsel for Petitioner :- Devesh Mishra,Mohammad Fahad,Sr. Advocate Counsel for Respondent :- A.S.G.I.
Hon'ble Prakash Padia,J.
Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Devesh Mishra, learned counsel for the petitioner and Sri Saumitra Singh, learned counsel for the Union of India.
The petitioner has preferred the present petition inter-alia with the prayer to quash the orders dated 22.10.2019, 17.02.2020 and 11.11.2020 passed by the respondent nos. 5, 4 & 3.
A preliminary objection has been raised by Sri Saumitra Singh, learned counsel for the respondents that in view of two Full Bench judgments of this Court in Rajendra Kumar Mishra Vs. Union of India, 2005 (1) UPLBEC 108 and Manish Kumar Mishra Vs. Union of India and others, 2020 (6) ADJ 1, the present petition is not maintainable before this Court.
Learned counsel for the petitioner argued that CISF authorities are stationed through out the country and no prejudice will be caused if the writ petition is entertained by this Court.
Law is settled that every Court must satisfy itself with regard to existence of its jurisdiction before proceeding to decide the lis brought before it.
Since the orders, which are under challenge in the present petition, have been passed by the authorities sitting at New Delhi, this Court has no territorial jurisdiction to entertain the present petition in view of the law laid down by two Full Bench judgements, as stated above.
The writ petition is dismissed.
However, this order will not restrain the petitioner to approach the competent court.
Order Date :- 23.12.2021 nd