Nimit Kumar vs Union of India

Type Court Judgment Court Kerala Orders Decided Oct 30, 2020

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Citation: sooperkanoon.com/1804292
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Oct 30, 2020
Case Number: WP(C)/19635/2020

Parties & Advocates

Appellant / Petitioner

Nimit Kumar

Respondent

Union of India

Excerpt

.....amendments, as proposed in i.a.no. 1 of 2020, cannot be allowed and therefore, that the petitioner must file a fresh writ wp(c).no.19635 of 2020 3 petition, if he is so interested.5. on being aware of the mind ofthis court, the learned counsel for the petitioner sought permission to withdraw this writ petition, so as to file a fresh one, arraying proper parties and making proper averments. this request is granted; and consequently this writ petition will stand dismissed with the afore requested liberty being reserved to the petitioner. sd/- devan ramachandran judge mc/2.11.2020 wp(c).no.19635 of 2020 4 appendix petitioner's/s exhibits: exhibit p1 a true copy of the charge memorandum bearing no.v-15014/aasg(goa)/37- 09/nk/disc./2020-2157 dated 20.04.2020 issued by the 2nd respondent.exhibit p2 a true copy of the reply dated 01.05.2020 addressed to the 2nd respondent. exhibit p3 true copy of an order bearing no.v- 15014/aasg(goa)/37-09/nk/disc./2020-2463 dated 15.05.2020 issued by the 2nd respondent. exhibit p4 a true copy of the appeal submitted by the petitioner, dated 28.06.2020 along with an english version of translation. exhibit p5 a true copy of the appellate order bearing no.v-15015/aasg(goa)/appeal/nk/disc./2020- 3095 dated 04.07.2020. respondent's/s exhibits: nil mc (true copy) pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 WP(C).No.19635 OF 2020(D) PETITIONER: NIMIT KUMAR AGED 38 YEARS S/O. SHRI CHIDDA SINGH, SUB INSPECTOR, 'A' COY, CISF UNIT, ASG-COCHIN, NOW RESIDING AT FLAT NO.E-101 EDASSERY HOUSE, KARIYAD, MEKKAD P. O., ERNAKULAM, KERALA - 683 585. BY ADV. SRI.T.C.GOVINDA SWAMY RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI - 110 001. 2 THE DPUTY COMMANDANT/ADM 3 THE COMMANDANT R1-3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19635 OF 2020 2

JUDGMENT

This writ petition is vehemently opposed by the learned Central Government Counsel on the question of territorial jurisdiction of this Court and maintainability.

2. Presumably, therefore, the petitioner has now filed I.A.No.1 of 2020 to amend the writ petition, thereby impleading the Senior Commandant of the CISF, Ernakulam.

3. However, I am of the view that

such an exercise cannot be permitted by the petitioner, since what is proposed through the amendments sought in I.A.No.1 of 2020 is to implead a respondent and to add certain reliefs against him.

4. I am, therefore, of the view that amendments, as proposed in I.A.No. 1 of 2020, cannot be allowed and therefore, that the petitioner must file a fresh writ WP(C).No.19635 OF 2020 3 petition, if he is so interested.

5. On being aware of the mind of

this Court, the learned counsel for the petitioner sought permission to withdraw this writ petition, so as to file a fresh one, arraying proper parties and making proper averments. This request is granted; and consequently this writ petition will stand dismissed with the afore requested liberty being reserved to the petitioner. Sd/- DEVAN RAMACHANDRAN JUDGE MC/2.11.2020 WP(C).No.19635 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE CHARGE MEMORANDUM BEARING NO.V-15014/AASG(GOA)/37- 09/NK/DISC./2020-2157 DATED 20.04.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE REPLY DATED 01.05.2020 ADDRESSED TO THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF AN ORDER BEARING NO.V- 15014/AASG(GOA)/37-09/NK/DISC./2020-2463 DATED 15.05.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER, DATED 28.06.2020 ALONG WITH AN ENGLISH VERSION OF TRANSLATION. EXHIBIT P5 A TRUE COPY OF THE APPELLATE ORDER BEARING NO.V-15015/AASG(GOA)/APPEAL/NK/DISC./2020- 3095 DATED 04.07.2020. RESPONDENT'S/S EXHIBITS: NIL MC (TRUE COPY) PA TO JUDGE

Same Court & Year Kerala Orders · 2020 Same Parties Nimit Kumar vs Union of India Same Judge Honourable Mr. Justice Devan Ramachandran