Karun Kumar Tripathi vs Union of India (UOI) and Others

The present appeal has been filed against the judgment and order dated 24th March, 2011 passed by the learned Single Judge challenging the invalidation order dated 17.2.2011 and consequential order dated 27.2.2011, which has been dismissed on the ground of territorial jurisdiction.

We have heard Shri K.K. Roy learned Counsel for the Appellant and Shri Ashok Singh, learned Counsel for the Respondent and perused the judgment dated 24.03.11 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it.

Shri K.K. Roy, learned Counsel for the Appellant submitted that the Appellant is a resident of Kaushambi, which falls within the territorial jurisdiction of this Court. The Appellant was given appointment letter by the authority situated at Allahabad. But an order of invalidation has been passed at Jharkhand and even though the said authority is not at all placed within the territorial jurisdiction of this Court, it will not come in the way of the Appellant in approaching this Court under Article 226 of the Constitution of India.

The submission is misconceived. The place of appointment which falls within the jurisdiction of a particular High Court would not clothe this Court the jurisdiction in case of any order passed by the authority, which does not fall within the territorial jurisdiction of this Court. A Full Bench judgment in the case of Rajendra Kumar Mishra Vs. Union of India (UOI) and Others, has already decided the matter.

We are in respectful agreement with the view taken in the aforesaid matter.

In view of the foregoing discussions, we do not find any illegality in the invalidity order passed by the learned Single Judge. The appeal fails and is dismissed.