Court No. - 26 Case :- WRIT - A No. - 38817 of 2002 Petitioner :- Trilok Singh, Ex-Sepoyee Force No 920750869 Respondent :- D.G., Directorate G.R.P.F., New Delhi & Others Petitioner Counsel :- I.P. Yadav Respondent Counsel :- S.S.C.,M.P. Srivastava,S.K. Misra,S.K. Srivastava Hon'ble Shishir Kumar,J.
Heard Sri Indra Prakash Yadav, learned counsel for the petitioner
and Sri S.K. Misra, learned counsel for the respondent- Union of
India.
This writ petition has been filed for quashing the order impugned
dated 22.4.2002 passed by Inspector General of Police, Northern
Sector, CR.P.F. and order dated 22.9.2001 passed by DIG as well
as the order dated 31.12.2000 passed by Commandant, 67
Battalion, Cr.P.F.
A preliminary objection has been taken by Sri S.K. Mishra learned
counsel for the respondent that this writ petiton is not maintainable
before this Court as no cause of action arises in the territory of the
State of U.P. The petitioner at the time when the relevant action
was taken against him was posted outside the State of U.P. as well
as the respondent who had taken the action against the petitioner is
also outside the purview of the territory of the State of U.P,
therefore, this High Court in view of the decision of the Full Bench
in the case of Rajendra Kumar Misra Vs. Union of India
reporteed in 2004 ESC 2313 (FB) this Court has held that in such a
situaiton this Court has no territorial jurisdcition to entertain the
writ petition. Learned counsel for the petitioner is not able to
satisfy the Court that under what circumstances this Court in spite
of the Full Bench decision can entertain this writ petition.
In view of the aforesaid fact the writ petition is hereby dismissed
for want of territorial jurisdiction. It is open to the petitioner to
challenge the orders passed against him in a High Court having
territorial jurisdiction.
No order is passed as to costs.
Order Date :- 21.1.2010
V.Sri/-