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AMOL (Sub-Inspector)     09 November 2010

Territorial Jurisdiction of high court in writ matter

 

Dear all, 

Please help me................, I was a sub-inspector in CISF (Under Ministry of home affairs) posted at mumbai  and my native place is Patna Bihar. I was served final order of " Removal from service" at Mumbai and accordingly i left my govt. quarter there and returned back to my native place patna bihar. Aggrieved from the above decision I had submitted my appeal to appellant authority, office situated at Hyderabad by post form Patna. But the same was rejected and informed me by post at Patna. Then I again submitted my appeal to review my case to second appellant authority just superior to my first appellant authority at office situated at Mumbai by post and again  it has also been rejected. Now I wish to file writ petition at my native place Patna. Could it be possible and acceptable to file my writ petition at Patna High Court and if not then secondly in New Delhi where CISF headquarter exist. Please guide me .....................



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 8 Replies

R.Ramachandran (Advocate)     09 November 2010

First and foremost you have to decide against which order you will be preferring the Writ petition.

Accordingly, depending upon the place from which the order you want to challenge was passed by the Authority, in the HC situated in that State the writ petition has to be filed.

Just because the Head Quarters of CISF is in New Delhi, you will not be able to file the writ petition in New Delhi.

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     09 November 2010

Dear Querist,

 

As per practice of the High Court, some part of the cause of action should arise within the jurisdiction of that Court.  If not writ petition before said High Court would be thoroughly unsustainable. We may in this connection, derive support from a Supreme Court judgment in Kusum Ignotes & Alloys Ltd.  vs Union of India and Anr. {JT 2004 (Suppl.1) SC 475} wherein it was held that In para 10 of the said judgment it was held by the Hon'ble Apex Court that keeping in view the expressions used in Article 226(2) of the Constitution of India, indisputably even if a small fraction of cause of action accrues within the jurisdiction of a Court, that Court will have jurisdiction in the matter.

 

Trust this would suffice.

1 Like

AMOL (Sub-Inspector)     13 November 2010

Sir,

In my case, i really wish to file writ petition in Patna at my native place.  I was a central govt employee (CISF) & could be posted anywhere in india. Final order of removal from service was served to me at mumbai,my posting place, after that i had no any choice except to leave my govt. quarter and return to Patna. I had submitted my appeal and revision petition form patna by post and also received its replies at Patna only by post so would it be consider as any part of the cause of action and would i able to file my case on this ground at patna high court? 

Kindly give me ur valuable suggestion. 

Kirti Kar Tripathi (lawyer)     22 November 2010

from the facts you narrated you can file writ only in Bombay high court or A.P. high court within whose jurisdiction you was posted and  your removal was ordered or where your represntation was rejected or where your head office is situated., patana high couty has no jurisdiction.

Surajsingh Rathod (Project Coordinator)     07 August 2011

Dear Sir, Myself Surajsingh from Vadodara, My father worked in CISF for 17 years and Dec 1998 he has been removed ffrom service of following charge 1) Alcohol taken during duty which was not proved in blood test report and found alcohol is because of medicine taken and the was also cleard in session court at vadodara and other charge is indiscipled and bad language using with superior officer.

Sir , Please suggest us what to do in this case.

R.Ramachandran (Advocate)     07 August 2011

It is not clear from your facts, as to what are all the steps (like appeal etc.) taken by your father and with what result/outcome?  13 years i.e. 1998 is quite a long time and your father might have taken some steps.  You have to come out with full chronological facts.  Then only one would be in a position to say something. 

Kirti Kar Tripathi (lawyer)     07 August 2011

 

Did your father challenge the termination, if not, what was the reason. I fear, your case will be failed on the ground of delay and latches..

 

Surajsingh Rathod (Project Coordinator)     07 August 2011

Dear Sir, Thanks for reply, Actually my father is fighting till date but result is not coming in our way.

Firstly my father challenge the termination by putting petition in court ( Fast Track & Session ) and court decision came in 2004 after 7 years. Alcohol taken during duty hours is not proved in court as it is because of medicine taken and my father is free from the charges. Then my Father written the letter to Director General,New Delhi with court order which mentioning not proved of alchol charge by Session court , vadodara Mentioning take back on job with full benefit. And they reply as by sending letter that they don't have power.   

Sir Suggest  me on this.  


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