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SANJAY DHAR
Shahnawaz Ahmad – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. The petitioner has challenged order bearing No.P.VIII-5/2001-134-EC-II dated 31.07.2001, whereby he has been terminated from service for having remained unauthorizedly absent from duty.
2. Briefly stated, case of the petitioner is that he was enrolled as a member of the Central Reserve Police Force (CRPF) in the year 1995. He applied for 15 days casual leave with effect from 18.09.2000 and the same was sanctioned in his favour. During the leave period, the petitioner returned to his native village at Chawalgam Kulgam but he was kidnapped from his residential house by some unidentified masked gunmen and was taken to some unknown destination. During his confinement, the petitioner was subjected to torture which had a deep and adverse impact on his nervous system. The incident was reported to Executive Magistrate, Kulgam, who in turn intimated the same to SHO, P/S Kulgam. It has been submitted that the petitioner remained under a prolonged medical treatment and during his absence, respondent No.3 issued an order bearing No.D.II-2/2001-134-EC-II dated 05.03.2001, whereby he was declared as a ‘deserter’ in terms of Section 9(f) of the CRPF Act. The petitioner was also held
Territorial jurisdiction for entertaining a writ petition is determined by the location of the events related to the cause of action, as established by previous judgments.
The entire cause of action must arise within the court's jurisdiction for it to entertain a petition.
A termination order issued during a probation period, without any misconduct or disciplinary proceedings, is not stigmatic or punitive and does not require a regular inquiry or a reasonable opportuni....
The High Court will not exercise jurisdiction under Article 226 when the cause of action arises outside its territory.
The main legal point established in the judgment is that the High Court can exercise its writ jurisdiction if any part of the cause of action arises within its territorial jurisdiction, as defined in....
The main legal point established in the judgment is that the mere communication of correspondence and orders does not give rise to a cause of action within the territorial jurisdiction of the court.
Termination of a temporary employee based on specific allegations of misconduct, such as desertion, may be considered punitive, yet failure to comply with established medical reporting procedures jus....
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