S.J.MUKHOPADHAYA, J. - (1.) THIS appeal is directed against the judgment and order dated 19th December, 2003, passed by the learned Single Judge in W.P. (S) No. 32 of 2002, dismissing the writ petition on the ground of lack of jurisdiction.
(2.) ALTHOUGH the appeal was filed after a delay of about 43 days, after hearing the learned counsel, we are satisfied that sufficient grounds has been made out for condonation of such delay. The delay in filing the appeal is accordingly, condoned and the appeal is taken up for admission. The writ petitioner/appellant, who is a resident of the district of Koderma within the State of Jharkhand, was a Constable in the Central Industrial Security Force Unit, Shar Centre, Sriharikota, Andhra Pradesh. While posted at Andhra Pradesh, the writ petitioner/appellant was served with a memo of charge and was awarded punishment of fine, equivalent to seven days ' wages. An appeal, filed by the writ petitioner/appellant against the said order of punishment, was rejected by the Commandant, C.I.S.F. (Ministry of Home Affairs) Unit Shar Centre Sriharikota on 2nd August, 1999. Subsequently, the writ petitioner/appellant was again served with another memo of charge, while posted at Vellore within the State of Tamil Nadu and by a final order dated 19th January, 2001, he was removed from service.
(3.) THE writ petitioner/appellant, thereafter, filed an appeal before the Deputy Inspector General, C.I.S.F., Tamil Nadu, which was also rejected vide order dated 13th April, 2001. The said order of dismissal was challenged by the writ petitioner/appellant in the writ petition before the learned Single Judge and, as indicated hereinabove, the same was dismissed, upon the learned Single Judge holding that the High Court at Jharkhand had no jurisdiction to entertain the writ application, as no part of cause of action had arisen within the territorial jurisdiction of the Jharkhand High Court.;