High Court Dismisses Writ Petition Challenging Termination of Railway Protection Force Constable During Probation

07 May 2024 2:49 AM

By: Admin

In a recent judgment, the High Court of Judicature for Rajasthan, Jaipur Bench, dismissed a writ petition filed by Norat Rana, challenging the termination of his services as a constable in the Railway Protection Force (RPF) during his probation period. The judgment, delivered by Hon’ble Mr. Justice Anoop Kumar Dhand, addressed various legal aspects including the maintainability of appeal and revision, jurisdiction of the court, and the concept of cause of action.

The court observed that the petitioner’s appeal before the Appellate Authority was dismissed on a technical ground, as the petitioner was not treated as an enrolled member of the force. Therefore, the court held that the alternative remedy of filing a revision petition was not available to the petitioner. Quoting the judgment, the court stated, “When the Appellate Authority is of the view that appeal is not maintainable, then how Revision Petition is maintainable when the petitioner has not been treated as an enrolled member of the Force.”

Addressing the issue of jurisdiction, the court emphasized that the cause of action must have a nexus with the court’s jurisdiction. The petitioner’s service termination and relevant proceedings took place in the State of Maharashtra, and no cause of action or part cause of action arose in the State of Rajasthan. The court, therefore, concluded that it did not have jurisdiction to entertain the writ petition. The judgment stated, “The facts which are pleaded in the petition do not disclose that any cause of action or part cause of action has arisen within the territorial jurisdiction of this court.”

Consequently, the court dismissed the writ petition but granted the petitioner the liberty to seek an appropriate remedy before the appropriate forum. The judgment highlighted that the dismissal of the writ petition would not prevent the petitioner from approaching the territorial jurisdiction forum. The court remarked, “This judgment will not come in the way of the petitioner to approach the territorial jurisdiction forum.”

This judgment serves as an important legal precedent, emphasizing the significance of following proper procedures during probationary periods and the necessity for a cause of action to establish jurisdiction. The ruling provides clarity on the maintainability of appeals and revision petitions in similar cases.

The decision has potential implications for individuals facing termination during their probation period and highlights the importance of understanding the relevant rules and jurisdictional considerations when challenging such actions.

Date of Decision: 26th April 2023

Norat Rana vs Union Of India