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Vinesh Chand v. Union Of India & Others - SPECIAL APPEAL DEFECTIVE No. - 1120 of 2007 [2007] RD-AH 18691 (6 December 2007)

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Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

Heard learned counsel for the appellant. This is an intra Court appeal. We have heard learned counsel for the parties and perused the record.

It appears that the Hon'ble Single Judge dismissed the writ petition of the appellant on the ground that no part of cause of action arose within the territorial jurisdiction of this Court. Learned counsel for the appellant vehemently contended that since in respect of I.T.I. training, which he undergone at Aligarh, enquiry was made, hence, part of cause of action arose within territorial jurisdiction of this Court.

We do not find any force in the submission for the reason that, admittedly, at the relevant time, the petitioner-appellant was posted at Shillong. It is also admitted that the proceeding was initiated during his posting at Shillong and punishment was inflicted by respondent no. 3 at Shillong and thus, simply if in respect of some matter, some enquiry was made from I.T.I. Institute at Aligarh, that will not confer jurisdiction upon this Court. This question has also been considered by a Full Bench of this Court in the case of Rajendra Kumar Mishra Vs. Union of India & others 2005 (1) UPLBEC 108, and it has been held that jurisdiction in such matters would not lie within territorial jurisdiction of this Court.

Thus, we do not find any fault in the judgment of the Hon'ble Single Judge. The appeal is, accordingly, dismissed.

Dt. 6.12.2007



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