Back
2022 Supreme(All) 272
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN, J.
Sant Kumar – Petitioner
Versus
Union of India and Others – Respondents
Writ Appeal No. 19015 of 2021
Decided On : 04-03-2022
Advocate Appeared:
For the Petitioner: Mohammad Umar Khan.
For the Respondent: Suman Jaiswal.
Point of Law: Cause of action” is a phenomenon well understood in legal parlance. Mohapatra, J. has well delineated the import of the said expression by referring to the celebrated lexicographies.
Headnote:
Code of Civil Procedure,1908 - Section 141 – Claim of Compensation - Petitioner submits that while petitioner was posted as Sub-Inspector at situated in State his wife suffered from Covid-19 therefore treatment was given to her at which is permanent place of resident of petitioner - He further submitted that certain expenses were incurred during treatment of petitioner's wife for which claim/representation has been moved before respondent no. 2 Director General of Police Central Reserve Police Force Complex - However respondent no. 4 has sent a letter to respondent no. 5 to proceed in accordance with law with respect to medical claim made by petitioner as petitioner was posted at Office within jurisdiction of respondent no. 5 at time when petitioner's wife suffered from Covid-19 therefore it was within jurisdiction of respondent no. 5 who shall take decision in accordance with law - Chief of Army Staff can only be sued either at Delhi where he is located or at a place where the cause of action, wholly or in part, arises - Para 40.
Finding of the Court: This Court has also decided same controversy in decided on - In view of above this Court under special circumstances cannot direct respondents which is not within territorial jurisdiction of this Court to pass any positive orders in favor of petitioner regarding medical claim – However it is always open to petitioner to move an application/representation before appropriate authority having jurisdiction.
Result: Writ Petition is dismissed.
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Instructions passed on to the Court today is kept on record.
2. Heard Mr. Mohammad Umar Khan, learned counsel for the petitioner, Ms. Suman Jaiswal, learned counsel for the respondents.
3. This writ petition has been filed inter-alia for the following relief:
“(A) Issue a writ order or direction in the nature of mandamus, directing the respondents to release the amount of Rs. 4,88,570/- in favour of the petitioner after considering his claim regarding treatment of his wife from 09.05.2021 till the date of her death within a short stipulated period which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(B) Issue a writ order or direction in the nature of mandamus directing the respondents to pass a reasoned and speaking order on the application of the petitioner dated 21.06.2021 within a short stipulated period.”
4. Learned counsel for the petitioner submits that while the petitioner was posted as Sub-Inspector at Shiv Sagar situated in the State of Assam, his wife suffered from Covid-19, therefore, treatment was given to her at Gorakhpur, which is permanent place of resident of the petitioner. He further submitted that certain expenses were incurred during the treatment of the petitioner's wife for which claim/representation has been moved before the respondent no. 2, i.e. Director General of Police, Central Reserve Police Force (CRPF), C.G.O. Complex, New Delhi. However, the respondent no. 4 has sent a letter dated 24.08.2021 to the respondent no. 5 to proceed in accordance with law with respect to the medical claim made by the petitioner as the petitioner was posted at the Office within the jurisdiction of respondent no. 5 at the time when the petitioner's wife suffered from Covid-19, therefore, it was within the jurisdiction of respondent no. 5, who shall take decision in accordance with law.
5. Learned counsel for the respondents, on the basis of instructions received by her, submits that regarding similar issue, several writ petitions, one being Writ Appeal No. 6850 of 2021, have been dismissed. She further submits that the medical reimbursement claim of the petitioner has been returned by the DIG, Group Centre, CRPF, Bhuvneshwar, Odisha to the Commandant-149 Bn, CRPF located in Jay Sagar, Shiv Sagar, Assam, vide letter dated 24.08.2021 with a direction that after looking into the objections, the file may be placed before the DIG, Range Hqr, CRPF, Bhuvneshwar. Therefore, neither the cause of action nor even part of cause of action arises under the territorial jurisdiction of this Court, as such, the present writ petition is not maintainable. However, it is always open to the petitioner to move an application/representation before the appropriate authority having jurisdiction.
6. I have considered the submissions made by learned counsel for the parties as well as gone through the entire materials brought on record.
7. The petitioner, who is resident of Gorakhpur, U.P. was posted at the Office of respondent no. 5, i.e. Commandant, 149 Btn, Shib Sagar, Assam at the time when his wife suffered from Covid-19 whereas the representation/application for medical claim has been made before the respondent no. 2, DGP, CRPF, New Delhi. Therefore, merely because petitioner is resident of this State, no cause of action would arise within the territorial limits of this Court. Law in that regard has already been settled by a larger bench of this Court in Rajendra Kumar Mishra vs. Union of India and Others, (2005) 5 AWC 4542 All, wherein this Court in paras-39, 40 and 41 has observed as under:
“39. Therefore, in order to understand and appreciate the binding force of a decision it is always necessary to see what were the facts in the case in which the decision was given and what was the point which had to be decided. No judgment can be read as if it is a statute. A word or a clause or a sentence in the judgment cannot be regarded as a full exposition of law.
40. For the reas
