Meghalaya High Court
Date Of Decision: 23.06.2025 vs Union Of India Represented By on 23 June, 2025
Author: H. S. Thangkhiew
Bench: H. S. Thangkhiew
2025:MLHC:531
Serial No. 01
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 246 of 2025
Date of Decision: 23.06.2025
Sri. Subodh Kumar Rai ...Petitioner(s)
Versus
1. Union of India represented by
The Commandant, Group Centre,
Central Reserve Police Force,
9th Mile Amerigog, Guwahati,
Dist. Kamrup-781023 ... Respondent(s)
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. P.K. Borah, Adv.
For the Respondent(s) : Dr. N. Mozika, DSGI with
Ms. M. Myrchiang, Adv.
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. The petitioner in the instant case was appointed to the
post of Constable Bugler in CRPF, and as per the submission of the
learned counsel, the petitioner had reported for training on
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28.01.2025, and was inducted into the training programme.
Thereafter, on 14.04.2025, the petitioner had applied for 2(two) days’
leave and on returning back, the appointment of the petitioner was
cancelled vide order dated 08.04.2025, on the ground that he had
never reported for duty to the Group Centre on 22.02.2025, ad
directed.
2. Mr. P.K. Borah, learned counsel for the petitioner had
submitted that though the appointment order had been issued by the
office of the Deputy Inspector General of Police, Group Centre,
CRPF, Guwahati (Assam) 9th Mile Amerigog, Distt-Kamrup, and
though the petitioner had reported for duty in the Group Centre,
Jorabat at Guwahati, he being a resident of Meghalaya the writ
petition would be maintainable before this Court under Article 226
of the Constitution. In support of his submissions, the learned counsel
has placed reliance in the case of Shrigovind Niranjan vs. The State
of Madhya Pradesh reported in Neutral Citation No. 2024: MPHC-
JBP: 56995, and has submitted that in the cited case the petitioner
therein though a resident of Bhopal had preferred a writ petition in
the Principal seat in the High Court of Madhya Pradesh at Jabalpur.
Though objections were raised with regard to territorial jurisdiction
of the Bench, he submits it was held that the Principle of Forum
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Conveniens has to be tested from the stand point of the petitioner
who is the dominus litis and not at the conveniences of the State
Government. He therefore, submits that the writ petitioner being a
resident of Meghalaya, though the appointment order may have been
issued in Guwahati and had reported for duty in the Group Centre at
Guwahati itself, the writ petition is maintainable before this High
Court.
3. Dr. N. Mozika, learned DSGI assisted by Ms. M.
Myrchiang, learned counsel for the respondent has refuted the
submission and has submitted that none of the cause of action has
arisen in Meghalaya, and even the principle laid down in the
judgment so placed will have no application as it refers to the
conveniences of the State Government. In the instant case, as the
appointment order had been issued by the Group Centre CRPF at
Guwahati, as such he submits the writ petition is not maintainable.
4. Having heard the learned counsel for the parties and
perused the materials, it is seen that the appointment order was issued
from the Group Centre, 9th Mile Guwahati, and the writ petitioner
after allegedly joining was also serving there and attached as an
Orderly to the Deputy Commandant, and even the cancellation of the
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appointment for the post of Constable has been issued from the
Group Centre itself.
5. In the entire chain of events apart from the fact that the
writ petitioner being a resident of Meghalaya, no other materials are
there to support that this Court has jurisdiction over the instant
matter. Accordingly, the petitioner is at liberty to approach the
jurisdictional High Court.
6. The matter stands closed and disposed of.
JUDGE
Meghalaya
23.06.2025
“V. Lyndem-PS”
Signature Not Verified Page 4 of 4
Digitally signed by
VALENTINO LYNDEM
Date: 2025.06.23 05:00:59 IST