The main legal point established in the judgment is that the High Court can issue a writ under Article 226(2) of the Constitution of India only if the cause of action wholly or partially arises within its territorial jurisdiction.

JUDGMENT :

Amrita Sinha, J.:

1. The petitioner is a permanent resident of Odisha. He was serving as a constable attached with the Central Reserve Police Force (CRPF in short). He was appointed on 19th January, 2016 and was posted in the 131 Battalion CRPF Patna, Bihar.

2. The petitioner was removed from service with effect from 28th September, 2016. He preferred an appeal before the competent authority through his learned advocate on 28th November, 2018. The Inspector General of Police, MP Sector, CRPF Bhopal vide a letter dated 31st January, 2019 replied to the said legal notice sent on behalf of the petitioner and confirmed that the order of removal from service has been made according to the CRPF Rules after conducting departmental enquiry. The authority opined that the punishment awarded by the disciplinary authority was in order and based on the principle of natural justice. The punishment is perfectly fine and in consonance with the offence committed by the employee.

3. At the opening of the case the learned counsel appearing on behalf of the respondent authorities raise a preliminary objection as regards to the maintainability of the writ petition before the High Court at Calcutta. It has been specifically submitted that the High Court at Calcutta does not have territorial jurisdiction to entertain the writ petition. The cause of action arose beyond the State of West Bengal. No part of the cause of action arose within the State of West Bengal. The learned counsel prayed for dismissal of the writ petition on the ground of lack of territorial jurisdiction.

4. In reply to the objection raised by the respondents the learned counsel appearing for the petitioner strenuously argued that the petitioner was in the service of the CRPF and his service is transferable throughout India. He places strong reliance upon the statements made in certain paragraphs in the writ petition. The same are set out herein below:

“Paragraph-3. That the petitioner submits that henceforth for all purports, intents, communications and service of notices, the address of his Ld. Lawyer at Kolkata situated at “Emerald House”, 1B, Old Post Office Street, 1st Floor, Kolkata-700 001 may be used for these purpose by the respondents or on their behalf, which is located within the Territorial Jurisdiction of this Hon’ble Court.”

“Paragraph - 4. That, the petitioner submits that the respondent authorities made several correspondences to the aforesaid address which gave rise of the part of cause of action of this Hon’ble Court at Calcutta, for entertaining and adjudicating this Writ Application of the petitioner having integral part of cause of action within the meaning of various judicial pronouncements for exercising of its power, notwithstanding that the seat of such Government or Authorities or the residence of such person is not within those territories within the meaning of Article 226(2) of the Constitution of India.”

“Paragraph - 17. That, it is expedient to mention that copy of the above Office Order was forwarded to the address of the Ld. Lawyer located at “Emerald House”, 1B, Old Post Office Street, 1st Floor, Kolkata – 700001. In reply to the said information, the Ld. Lawyer of the petitioner issued letter narrating the facts and circumstances and requested the respondents to do the needful in the matter by his letter dated 27.08.2018. The petitioner craves leave of this Hon’ble Court to produce and refer the above letter dated 27.08.2018 of his Ld. Lawyer, if necessary, at the time of hearing of this application.”

“Paragraph - 45. That it is submitted that the part of cause of action arose within the territorial jurisdiction of this Hon’ble Court as stated herein before. That apart the petitioner was a combatised member of All India Service. Therefore, relying upon many decisions and judicial pronouncements both reported and unreported passed by the Hon’ble High Courts and the Hon’ble Supreme Court of India, this Hon’ble High Court at Calcutta can exercise i