IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B. BAJANTHRI, J.
Ashutosh Ranjan, Son of Rajendra Prasad Sharma – Appellant
Versus
The Union Of India through Director General, CISF, New Delhi – Respondent
Civil Writ Jurisdiction Case No.11139 of 2018
Decided on : 27-04-2022
Constitution of India – Articles 226(2) – Maintainability of Writ Petition – Cause of action means a right to sue – Material facts which are imperative for suitor to allege and prove constitute cause of action – It is known fact that cause of action is not defined in any law or a statute – It has been judicially interpreted to mean that every fact which would be necessary for plaintiff to prove, if traversed, in order to support his/her right to judgment of Court – Entire bundle of facts pleaded need not constitute a cause of action as what is necessary to be proved before petitioner can obtain a decree is material facts – Writ can be issued by a High Court against a person, Government or authority residing within jurisdiction of that High Court, or within whose jurisdiction cause of action in whole or in part arises. (Paras 11, 12 and 15)
Constitution of India – Articles 226(2) – Dismissal from post of Assistant Sub-Inspector, CISF – Petitioner was working in Assam with C.I.S.F and he was subjected to disciplinary proceedings and it was concluded in imposition of penalty of dismissal from service and it was confirmed by an Officer who was stationed at Assam and further revisional authority at Kolkata has affirmed order of dismissal as well as appellate authority's order – Whole cause of action is at Assam/West Bengal except the fact that petitioner is a resident of State of Bihar that does not mean that partial cause of action has accrued in State of Bihar – Question of partial cause of action is attracted only if there is any office of respondents are under territorial jurisdiction of this Court like Government of India/Union of India having its offices at different places – Writ petition rejected on the ground of lack of territorial jurisdiction. (Paras 8, 15 and 21)
JUDGMENT :
Heard learned counsel for the parties.
2. In the instant petition, petitioner has prayed for the following relief/reliefs:
3. The petitioner has questioned the validity of the dismissal order, appellate authority order and revisional authority orders dated 20.01.2017, 28.06.2017 and 03.04.2018 respectively vide Annexures - 8, 11 and 12.
4. The petitioner was appointed as Assistant Sub Inspector with the respondent – Central Industrial Security Force, order of appointment is dated 31.05.2013 and joining of service is 01.11.2013. Petitioner was subjected to disciplinary proceedings on three counts of charges and it was concluded in imposition of penalty of dismissal from service and it has been affirmed by both appellate and revisional authority.
5. The preliminary issue in the present matter is whether the present petition is maintainable on the score that petitioner could invoke territorial jurisdiction of this Court or not? Since the petitioner has questioned three orders which are passed by the Officers from the Assam State and Kolkata in West Bengal. The petitioner is a resident of Tekari, District - Gaya, State of Bihar.
6. Learned counsel for the petitioner submitted that having regard to the fact that the petitioner is a resident of State of Bihar and a copy of the dismissal order, appellate authority’s order and revisional authority’s order were communicated to the petitioner under the jurisdiction of State of Bihar, therefore, part of the cause of the action accrues in the State of Bihar. Hence, the present writ petition is maintainable. In support of the aforesaid contention petitioner is relying on decisions of this Court passed in
(ii) Narendra Kumar Singh vs. National Cooperative Consumers Federation of India Limited reported in 1994 2 BLJ 232.
(iii) Rameshwar Prasad vs. Union of India reported in 2003 2 PLJR 151.
(iv) Nawal Kishore Sharma vs. Union of India and Others reported in 2014 5 Supreme 649.
7. Heard learned counsel for the petitioner.
8. On maintainability of the present petition, undisputed facts are that petitioner was working in Assam with the C.I.S.F and he was subjected to disciplinary proceedings and it was concluded in imposition of penalty of dismissal from service and it was confirmed by an Officer who was stationed at Assam and further revisional authority at Kolkata has affirmed the order of dismissal as well as appellate authority’s order. In the light of these facts and circumstances and the fact that the petitioner is a resident of Tekari, District -Gaya, State of Bihar, hence, whether this Court has territorial jurisdiction in quashing the impugned orders and direction could be given to the office situated in Assam and Kolkata (West Bengal) or not?
9. Whether any writ could be issued to the respondents to the writ petition and which is permanently located outside the jurisdiction of the High Court; Whethe
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Point of Law : Territorial jurisdiction - Prior to Constitutional (Fifteenth Amendment Act, 1963, concept of cause of action was alien for adjudication of disputes by High Court under Article 226 of ....
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
High Court's jurisdiction to entertain a writ petition under Article 226 is contingent upon the presence of a cause of action within its territorial limits, as clarified by recent rulings.
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