Vimla Chakrovorti vs Union Of India
2023 Latest Caselaw 16387 MP

                             1


     IN THE HIGH COURT OF MADHYA PRADESH
                 AT JABALPUR
                          BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 5th OF OCTOBER, 2023
                WRIT PETITION No. 24434 of 2023
BETWEEN:-
VIMLA CHAKROVORTI
W/O SHRI NAVNEET,
AGED ABOUT 47 YEARS,
OCCUPATION:
INSPECTOR       CRPF
POSTED AT 106 BN RAP
SUNDER         NAGAR
JAMSHEDPUR
PERMANENT R/O FLAT
NO    S/6    SARTHAK
APARTMENT BEHIND SP
BUNGALOW       SOUTH
CIVIL LINES JABALPUR
(MADHYA PRADESH)
                                               .....PETITIONER
(BY MS.AKASHMI TRIVEDI - ADVOCATE FOR THE PETITIONER)

AND
1.   UNION OF INDIA
     THROUGH
     PRINCIPAL
     SECRETARY
     MINISTRY OF HOME
     AFFAIRS
     GOVERNMENT    OF
     INDIA NEW DELHI
     (DELHI)
2.   THE     DIRECTOR
     GENERAL,    CRPF
     BLOCK NO.1, CGO
     COMPLEX,   LODHI
     ROAD, NEW DELHI
     (DELHI)
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   3.   THE COMMANDANT,
        CENTRAL RESERVE
        POLICE FORCE 106
        BATTALION   R.A.F.
        SUDAR     NAGAR
        JAMSHEDPUR
        (JHARKHAND)
   4.   SAILABALA SETHI
        106 BN RAF SUNDER
        NAGAR,
        JAMSHEDPUR
        (JHARKHAND)
                                                        .....RESPONDENTS
        (NONE)

          This petition coming on for admission this day, the court passed the
   following:
                                     ORDER

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 31.5.2023 passed by the Director General, C.R.P.F., Block No.1, C.G.O. Complex, Lodhi Road, New Delhi.

2. By this petition the petitioner has assailed the legality, validity and propriety of the gradation list dated 31.5.2023 claiming that she has not been promoted whereas her juniors have been promoted.

3. By relying upon a judgment passed by the Division Bench of this Court in the case of Prem Shankar Sharma Vs. Union of India decided on 1.11.2007 in W.A.No.780/2007, it is submitted by counsel for the petitioner that since the petitioner is a C.R.P.F. Officer, therefore, this court has a territorial jurisdiction.

4. Heard the learned counsel for the parties.

5. The petitioner is posted at Jamshedpur whereas the impugned order has been passed at New Delhi. Merely because the petitioner is having a flat at

Jabalpur will not give any territorial jurisdiction to this Court. The facts of the case of Prem Shankar Sharma (supra) are completely distinguishable from the facts of the present case. In the case of Prem Shankar Sharma the order of termination or the order of the appellate authority was served on an Army Officer who was residing within the territorial jurisdiction of this Court. Looking to the service hazards of the Army Officer as well as that Army Chief can be sued anywhere in the country it was held that the delivery of impugned order at the residential address of the employee will give rise to a cause of action to file a writ petition.

6. However, in the present case, the petitioner is posted at Jamshedpur which falls within the territorial jurisdiction of Jharkhand High Court. Office of the Director General, C.R.P.F. is situated in New Delhi which is beyond the territorial jurisdiction of this Court. The petitioner is not residing at Jabalpur. Merely because she has a flat at Jabalpur will not give territorial jurisdiction to this court. Having a flat cannot be said to be a cause of action. Cause of action is a bundle of facts which requires adjudication of lis.

7. Since this Court has no territorial jurisdiction to take up this matter, accordingly, this petition is dismissed with liberty to approach the appropriate forum having territorial jurisdiction.

(G.S. AHLUWALIA) JUDGE HEMANT SARAF 2023.10.06 18:43:18 +05'30' HS