- (1.) ASHOK Bhushan, J. Heard Counsel for the petitioner and Sri Devi Shanker Shukla, Additional Standing Counsel appearing for the respondents.
(2.) BY this writ petition the petitioner has prayed for quashing the order dated 7th March, 1997 passed by Commandant, C. R. P. F. , Phesama, Kohima, Nagaland dismissing the petitioner from service with effect from 13th March, 1997 and the order of the appellate authority, Deputy Inspector General of Police, C. R. P. F. , Bhubaneshwar dated 6th November, 2003. Learned Counsel appearing on behalf of Union of India has raised a preliminary objection with regard to maintainability of the writ petition in this Court on the ground that this Court lacks territorial jurisdiction to entertain the writ petition. Learned Counsel for the respondents submits that the petitioner at the relevant time was posted at Nagaland, the departmental inquiry was initiated and was conducted at Nagaland. He further submits that dismissal order dismissing the petitioner from service was also passed in the State of Nagaland. The appeal of the petitioner having been dismissed by the Deputy Inspector General of Police, Bhubaneshwar no part of cause of action arose in the territorial jurisdiction of this Court so as to enable the petitioner to file this writ petition in this Court. Learned Counsel for the petitioner, replying the submission, contended that this Court on prima facie being satisfied regarding maintainability of the writ petition in this Court entertained the writ petition vide its order dated 24th February, 2004 and called for counter-affidavit. He further submits that petitioner is resident of District Ghazipur, U. P. , hence this Court has territorial jurisdiction. Learned Counsel for the petitioner has also referred to an earlier order of this Court dated 23rd July, 2003 passed in Writ Petition No. 19423 of 1998 filed by the petitioner by which this Court disposed of the writ petition refusing to entertain the same on the ground of availability of statutory remedy of appeal when the petitioner initially challenged the order dated 7th March, 1997 dismissing the petitioner. Learned Counsel for the petitioner has also placed reliance on a Division Bench of this Court in 2002 (1) LBESR 367 (All) : (2002)1 UPLBEC 468, Kailash Nath Tiwari v. Union of India & Ors.
(3.) LEARNED Counsel for the respondents has placed reliance on a Full Bench judgment of this Court reported in 2005 (1) LBESR 1 (All) (FB) : (2005)1 UPLBEC 108, Rajendra Kumar Mishra v. Union of India & Ors. , Division Bench judgment of this Court reported in AIR 1988 Alld. 36, Daya Shanker Bhardwaj v. Chief of the Army Staff, judgment of learned Single Judge of this Court reported in Mil. L. J. 2004 Alld. 12, Sep/dvt (MT) Phool Chandra v. Union of India, and Division Bench judgment dated 20th September, 2005 of this Court in Writ Petition No. 61529 of 2005 (Shri J. C. Thind v. Union of India & Ors. ). I have considered the submissions of Counsel for the parties and perused the record.;