Madhya Pradesh High Court
Hav. Manoj Kumar Mishra vs Union Of India on 6 June, 2024
1 WP-15275-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 6 th OF JUNE, 2024
WRIT PETITION No. 15275 of 2024
BETWEEN:-
HAV. MANOJ KUMAR MISHRA S/O SHRI ASHOK
KUMAR MISHRA, AGED ABOUT 40 YEARS,
OCCUPATION: SERVICE VILLAGE NAGAI POST DHERA,
DISTRICT MAUGANJ (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHEETAL TIWARI - ADVOCATE)
AND
1. UNION OF INDIA THROUGH THE SECRETARY
MINISTRY OF DEFENCE GOVERMENT OF INDIA
NEW DELHI GOVERNMENTO OF INDIA NEW
DELHI, (DELHI)
2. DIRECTOR GENERAL, NATIONAL SECURITY
GUAR D MEHRAM NAGAR, PALAM NEW DELHI
(DELHI)
3. OFFICER IN CHARGE, NEW DELHI HQ NSG(PERS
BR), MEHRAM NAGAR PALAM NEW DELHI
(DELHI)
4. THE OFFICER IN CHARGE, GUR GAON BOMB
DISPOSAL UNIT, NSG, MANESAR, GURGAON,
HARYANA (HARYANA)
5. THE OFFICER IN CHARGE, N A S H I K ARTY
RECORDS, C/O 56 APO NASHIK (MAHARASHTRA)
.....RESPONDENTS
(NONE )
This petition coming on for admission this day, th e court passed the
following:
Signature Not Verified
ORDER
Signed by: KUNDAN
SHARMA
Signing time: 07-06-2024
15:16:57
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The present petition has been filed challenging the order (Annexure-P/2)
whereby penalty of fine equal to 7 days pay has been awarded to the petitioner
along with reprimand by National Security Guards (N.S.G.). Further challenge
is made to the order (Annexure - P/8) whereby NSG had repatriated the
petitioner prematurely to his parent force i.e. Indian Army.
The petitioner is holding the substantive post of Hawaldar in Indian Army
and he was sent on deputation to N.S.G. Stationed at Manesar (Haryana) from
May, 2022 to May, 2025. By the order (Annexure-P/8) N.S.G. has repatriated
the petitioner to the Indian Army. The order (Annexure - P/2) has been passed
by N.S.G., which is the Stationed at Manesar (Haryana). The petitioner was
also posted at Manesar (Haryana) during the service tenure with the N.S.G. By
the order (Annexure - P/8) the petitioner has been repatriated to the parent force
i.e. Indian Army from N.S.G. headquarter Manesar (Haryana).
On a query of this Court, it is fairly admitted by learned counsel for the
petitioner that the petitioner was sent to N.S.G. on deputation from his present
unit i.e. 217 MED Regiment and the said regiment is not having any regimental
Centre in the territory of State of Madhya Pradesh. Thus, upon repatriation, the
petitioner would join at any place but not in any station within the territory of
State of Madhya Pradesh. To maintain the petition before the High Court of
Madhya Pradesh, learned counsel for the petitioner relied on the judgment of
Hon'ble Supreme Court in the case of Nawal Kishore Sharma Vs. Union of
India and others reported in 2014 (9) SCC 329.
Upon perusal of the said judgment, it is seen that the case was relating
to the disability compensation of an employee discharged from service of
Shipping Corporation of India and after discharge from service, he had shifted
to his home town in the State of Bihar. Thus, the correspondence with the
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employee was being made at his native address situated in the State of Bihar.
In the present case, the petitioner is still in service and it is a case of
repatriation. The petitioner was neither sent on deputation from any place in
Madhya Pradesh nor he served on deputation in Madhya Pradesh. Upon
repatriation also, he would not serve within the territory of State of Madhya
Pradesh. The grievance is with NSG whose Headquarter at Manesar (Haryana).
In view of the aforesaid set of facts, no cause of action arises within the
territorial jurisdiction of this Court only on the account of the facts that native
place of the petitioner is in District Mauganj, Madhya Pradesh.
The Petition is dismissed for want of territorial jurisdiction.
(VIVEK JAIN)
V. JUDGE
K.S.
