Citation : 2021 Latest Caselaw 5827 Patna
Judgement Date : 3 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14215 of 2021
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Aniket Raj S/o Ramji Ram R/o Khukhari, Nimchak, P.S. Nimchak Bathani Dist- Gaya, Bihar, Ex-Sub Inspector (Ministerial) Force No. 065310375, 178, Batalian C.R.P.F. Shopian (Jammu and Kashmir).
... ... Petitioner/s Versus
1. The Union of India through the Secretary, Ministry of Home Affairs, New Delhi.
2. The Director General of Police, C.R.P.F., Block No.1, C.G.O. Complex, Lodhi Road, New Delhi- 1100053.
3. The Special Director General, North East Zone Head Quarters, C.R.P.F., 9th Mile, P.O. Amerigog, Guwahati (Assam) 781023.
4. The Inspector General of Police, Eastern Sector, C.R.P.F. Stony Heaven, Bishop Cotton Road, Shilong, Meghalaya- 793001.
5. The Deputy Inspector General, Range Head Quarter, CR.P.F., Khatkhati, Karbanglong (Assam) 782480.
6. The Commandant, C/o 56 APO, 178 Batalian, C.R.P.F., Reshipora, P.S.-
Jainapura, Dist- Shapia, Jammu and Kashmir 192303.
7. The Commandant, 196 Batalian, C.R.P.F., Mahadev Ghati, Bijapur-
Bhopalpatnam Road, PO and PS and Dist- Bijapur, Chhatisgarh- 494444.
8. Second-In Command (IRLA No. 5710) (Enquiry Officer), 196 Batalian, C.R.P.F., Mahadev Ghati, Bijapur- Bhopalpatnam Road, P.O. and P.S. and Dist- Bijapur, Chhattisgarh- 494444.
9. Inspector (GD) No. 095100582 (Presenting Officer), 196 Batalian, C.R.P.F., Mahadev Ghati, Bijapur- Bhopalpatnam Road, PO. and P.S. and Dist- Bijapur, Chhatisgarh- 494444.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Fakhruddin Ali Ahmad For the Respondent/s : Mr. Dr. Krishna Nandan Singh (Asg) Mr. Amarjeet, JC to ASG Mr. Abhujeet Gautam, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-12-2021
Heard learned counsels for the parties.
2. In the present petition, petitioner has prayed for
following reliefs:
Patna High Court CWJC No.14215 of 2021 dt.03-12-2021
"(a) To quash the office order dated 24.06.2021 issued under the signature of Inspector General of Police, Eastern Sector, C.R.P.F. Shilong, Meghalaya, whereby and whereunder order has been passed on the departmental appeal filed by petitioner wherein punishment of removal from 24.06.2021.
(b) To quash the office order dated 26.11.2020 issued under the signature of Deputy Inspector General of Police, Range Headquarter, CRPF, Khatkhati (Assam) whereby and whereunder, petitioner has been inflicted with punishment of stoppage of one annual increment for a period of two years without cumulative effect from the date of issuance of the order in the departmental proceeding initiated against the petitioner.
(c) To direct the respondent Special Director General, North East Zone, CRPF, Gowahati, Assam to dispose of the Revision Application dated 25.06.2021 filed by the petitioner under Rule-29 of CRPF Rule-1955.
(d) To direct the respondent to reinstate the petitioner in service with all consequential benefit.
(e) To grant any other relief-
reliefs for which the petitioner is entitled under the facts and circumstances of the instant writ application."
3. The petitioner has questioned the validity of the
orders passed by an officer whose office is in Shilong,
Meghalaya and further the order of an officer who is working in
Assam. Petitioner's revision application dated 25.06.2021 is
before an officer whose office is situated in Assam. Merely, Patna High Court CWJC No.14215 of 2021 dt.03-12-2021
petitioner is a resident of State of Bihar, the present petition
cannot be entertained. On the other hand, his place of working is
part and parcel of Meghalaya.
4. In the light of these facts and circumstances, this
Court has no territorial jurisdiction so as to entertain the present
petition.
5. Accordingly, the present petition stands dismissed
reserving liberty to the petitioner to approach appropriate
territorial jurisdictional Court.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR CAV DATE Uploading Date 06.12.2021 Transmission Date
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