Ex Constable Satendra Kumar v. Union of India and 4 Others

Court No. - 33 Case :- WRIT - A No. - 14439 of 2014 Petitioner :- Ex Constable Satendra Kumar Respondent :- Union Of India And 4 Others Counsel for Petitioner :- M.M. Khan,Mustaqeem Ahmad,Suhel Ahmad Azmi Counsel for Respondent :- A.S.G.I.,Jitendra Nayak,Purnendu Kumar Singh,S.C.,Saurabh Shukla Hon'ble J.J. Munir,J. Heard Mr. Suhel Ahmad Azmi, learned Counsel for the petitioner and Mr. Shashi Prakash, learned Additional Solicitor General of India assisted by Mr. Purnendu Kumar, learned Central Government Standing Counsel appearing on behalf of the respondents. Admittedly, the order of the Authority of first instance imposing upon the petitioner penalty of termination from service, to wit, the order dated 20.06.2013 was served upon the petitioner at Channai on 05.07.2013 and not at any place or station within the territorial jurisdiction of this Court. The place of service of appellate or revisional order is quite irrelevant for the purpose of conferring territorial jurisdiction upon this Court. Since, the original order inflicting the penalty has been served not within the territorial jurisdiction of this Court, this petition is not maintainable. It is, accordingly, dismissed as not maintainable for want of territorial jurisdiction. The petitioner shall, however, have liberty to move the Court of competent territorial jurisdiction for the redressal of his grievance. There shall be no order as to costs. Order Date :- 1.12.2023 Deepak High Court of Judicature at Allahabad