JUDGMENT :

Sujit Narayan Prasad, J.

With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality.

2. The instant intra-court appeal is under Clause 10 of Letters Patent directed against the order/judgment dated 10.10.2018 passed by learned Single Judge of this Court in W.P.(S) No. 1008 of 2016 whereby and whereunder the learned Single Judge has allowed the writ petition by quashing and setting aside the order of punishment inflicted upon the writ petitioner dated 27.04.2014 which has been confirmed by the appellate authority vide order dated 27/28.07.2014 by invoking the jurisdiction conferred under Article 226 of the Constitution of India.

3. The issue of maintainability of the writ petition has been raised by way of preliminary objection.

4. This Court, before hearing the issue of maintainability of the writ petition, having been satisfied that there is sufficient cause for delay in filing the appeal, has condoned the same vide order dated 14.12.2020.

5. The appellants have filed an affidavit on 18.03.2021 stating inter alia therein to establish on fact about non-maintainability of the writ petition before the writ jurisdiction of this Court.

6. It has been stated that a departmental proceeding was initiated against the writ petitioner while he was posted in the Central Industrial Security Force Unit, NTPC, Barh, Patna and on its conclusion the order of punishment was passed on 16.05.2014 inflicting upon the writ petitioner for withholding one annual increment for three years without cumulative effect. The aforesaid punishment has been entered in the service book by the Assistant Commandant, CISF Unit, NTPC Barh on 26.05.2014, the day when the writ petitioner was posted at NTPC Barh, in the State of Bihar. The writ petitioner preferred statutory appeal as provided under Central Industrial Security Force Rules, 2001 in view of the provision of appeal under Section 46 thereof.

7. The appeal was dismissed vide order dated 28.07.2014 by Deputy Commandant CISF Unit NTPC, Barh in the State of Bihar but by that time the writ petitioner was transferred at CISF Unit, TTPS, Lalpania falling within the jurisdiction of State of Jharkhand where the writ petitioner was transferred on 01.06.2014 and as such, the fact about dismissal of the appeal vide order dated 27/28.07.2014 was endorsed in his service book on 10.10.2014 by Deputy Commandant CISF Unit TTPS, Lalpania.

8. It has further been stated, on the basis of the service book of the writ petitioner, that the effect of the punishment order dated 16.05.2014 which was entered in the service book of the writ petitioner on 26.05.2014 regarding withholding of annual increment for three years without cumulative effect got completed in the year 2017 as such, the increment was released/restored in favour of the writ petitioner while he was posted in CISF Unit Bokaro falling within the territorial jurisdiction of the State of Jharkhand.

9. In view of such statements, submission has been made that since the punishment order for stopping the increment got effected on the date it was passed and entered in the service record dated 26.05.2014, on which date the writ petitioner was posted at CISF Unit NTPC, Barh in the State of Bihar, the High Court of Jharkhand lacks jurisdiction in this matter.

10. On the other hand, Mr. Durga C. Mishra, learned counsel appearing for the writ petitioner, has submitted that the order of punishment, although has been passed while the writ petitioner was posted at CISF Unit NTPC, Barh which is falling within the territorial jurisdiction of the State of Bihar but subsequent thereto, he was transferred to the CISF Unit TTPS, Lalpania which falls under the territorial jurisdiction of the State of Jharkhand where the order of appellate authority has been communicated and thereafter the authority, within the territorial jurisdiction of the State of Jharkhand, has inserted the same in t