SHIV MURTI v. UNION OF INDIA THRU. ITS SECY. MIN. OF HOME AFFAIRS AND 3 OTHERS
WRIA/575/2025 · 2025-01-20
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118101 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118101 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3283 Court No. - 6 Case :- WRIT - A No. - 575 of 2025 Petitioner :- Shiv Murti Respondent :- Union Of India Thru. Its Secy. Min. Of Home Affairs And 3 Others Counsel for Petitioner :- Mahesh Prasad Counsel for Respondent :- A.S.G.I. Hon'ble Alok Mathur,J.
1. Heard Sri Mahesh Prasad, learned counsel for the petitioner as well as Sri S. B. Pandey, learned Deputy Solicitor General of India assisted by Sri Varun Pandey for the respondents.
2. The petitioner has challenged the order dated 6.5.2022 passed by Deputy Inspector General, SHQ SSB Bettiah Camp at 44 BN SSB, West Champaran, Bihar whereby the services of the petitioner has been terminated on his being convicted by Additional District and Sessions Judge, FTC, Sultanpur on 12.11.2021 under Section 376 IPC for a period of seven years.
3. Preliminary objection has been raised by learned respondents' counsel that the entire cause of action has accrued in State of Bihar where the petitioner was posted at the relevant point of time when the order of termination was passed. He submits that merely because the place of residence of the petitioner after his termination is in Sultanpur, the present writ petition has been filed.
4. This Court, after hearing learned counsel for the petitioner as well as considering the objections raised on behalf of the respondents, finds that no cause of action has accrued within the territorial limits or jurisdiction of this Court so as to entertain the present writ petition. The order of termination has been passed in State of Bihar and the appeal against the order of termination has also been considered and decided by the appellate authority in Bihar.
5. Accordingly, we find that this Court does not have territorial jurisdiction to entertain the present writ petition and accordingly on account of lack of territorial jurisdiction the petition is dismissed. (Alok Mathur, J.) Order Date :- 20.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench