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2025 DAILYLAW 84473 (ALL)

PRADEEP KUMAR v. UNION OF INDIA AND 3 OTHERS

WRIA/11388/2025 · 2025-08-07

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134668 Court No. - 4 Case :- WRIT - A No. - 11388 of 2025 Petitioner :- Pradeep Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Antima Rajbhar,Hari Prakash Tiwari Counsel for Respondent :- A.S.G.I. Hon'ble Ajit Kumar,J. 1. Heard Ms. Antima Rajbhar, learned counsel for petitioner and Shri S.K. Pal, learned Deputy Solicitor General of India. 2. By means of this petition filed under Article 226 of the Constitution petitioner has questioned the order of termination dated 25.07.2025 passed by the respondent No. 4 on the ground that petitioner once submitted reply to the show cause notice which was issued to him for concealment of material facts regarding pending criminal case at the time of selection and appointment but while passing the order terminating the services of petitioner the reply of the petitioner was not considered, inasmuch as the principles laid down in the judgment of Supreme Court in the case of Avtar Singh v. Union of India AIR 2016 Supreme Court 3598 were not considered. 3. A preliminary objection has been raised by Shri S.K. Pal, learned Deputy Solicitor General of India as to the maintainability of this petition on the ground that petitioner was served with the notice as well as the order of termination while he was serving at Nagaland and the authority passing the order was at Pune. In these circumstances therefore, according to him petitioner should either approach the High Court having territorial jurisdiction in respect of state of Nagaland or to file petition before the Bombay High Court which has the territorial jurisdiction in respect of the authority stationed at Pune. 4. Learned counsel for the petitioner could not dispute the fact of the posting of the petitioner at Nagaland when he came to receive notice as well as order of termination of service. 5. In view of the above, I uphold the preliminary objection raised by Shri Pal, and hence decline to grant induglence in the matter. However, liberty rests with the petitioner to apply before the concerned High Court, if so advised. 6. With the aforesaid liberty petition is consigned to records. Order Date :- 8.8.2025 Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad