This oral judgment condones a 302-day delay in filing last appeal, allowing the withdrawal of the underlying writ petition due to lack of territorial jurisdiction, rendering the appeal infructuous and dismissing it.
Withdrawal of writ petition allowed; appeal rendered infructuous and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
LPA No. 2085 of 2011(O&M) Date of Decision: 15.11.2011.
Malkit Ram
--Appellant
Versus
Union of India & others
--Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:Mr. D.S. Gurna, Advocate for the appellant.
PERMOD KOHLI.J (ORAL)
C.M. No. 5602 of 2011
Application is allowed.
Delay of 302 days in filing the appeal is condoned.
LPA No. 2085 of 2011
This L.P.A is directed against the order dated 17.11.2010 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein against the order of his removal from service as also the quashing of the inquiry report. There is delay of 302 days in filing this appeal.
From the perusal of the order of removal, we find that the appellant was posted in 152nd Bn., CRPF in the State of Jammu & Kashmir. The entire inquiry proceedings were held in the State of Jammu & Kashmir and the order of removal impugned in the writ petition was also passed at Jammu. Therefore, this Court has no territorial jurisdiction to entertain this petition and adjudicate upon the controversy as no part of cause of action has accrued within the State territorial jurisdiction of this Court.
LPA No. 2085 of 2011(O&M)
-2-
Confronted with the situation, learned counsel for the appellant seeks to withdraw this writ petition with liberty to approach the High Court
of Jammu & Kashmir.
Prayer allowed.
Consequently, the appeal is rendered infructuous and dismissed
as such.
(PERMOD KOHLI) JUDGE
(TEJINDER SINGH DHINDSA) JUDGE
15.11.2011. lucky
1 issue framed by the court
Whether to condone the delay in filing the last appeal arising from the dismissal of the writ petition based on lack of territorial jurisdiction.
Malkit Ram
Union of India
PERMOD KOHLI
TEJINDER SINGH DHINDSA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
