IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5577 of 2010 1. SMT. LAKHAPATO DEVI W/O LATE BASHISTHA NARAYAN SINGH R/O VILL. + P.O.- NAWADA BEN, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR (ARA) Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE STATE OF ASSAM THROUGH ITS CHIEF SECRETARY GOVT. OF ASSAM, GUWAHATI 4. THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR 5. THE DIRECTOR GENERAL OF POLICE ASSAM, DISPUR 6. THE INSPECTOR GENERAL OF POLICE, (OSG) ASSAM, GUWAHATI-7 7. THE SUPERINTENDENT OF POLICE, GUWAHATI CITY, ASSAM 8. THE ACCOUNTANT GENERAL OF BIHAR, PATNA 9. THE ACCOUNTANT GENERAL OF ASSAM, GUWAHATI ----------- 2. 02.04.2010. Heard learned counsel for the petitioner and the State. 2. Husband of the petitioner was serving under the Director General of Police, Assam, Dispur. He became traceless whereafter he has been discharged from the service of Assam Police and the discharge order has been communicated to the petitioner at her village home in Ara district. Petitioner is questioning the validity of the discharge order as while discharging the husband of the petitioner from service even the retiral dues as also other dues of her husband has not been paid to her. The Stamp Reporter of this Court has reported that the writ petition is not maintainable. 3. Counsel for the petitioner questions the aforesaid report as according to him the order of discharge having been communicated to the petitioner at Ara writ petition is maintainable. In support of such submission counsel has relied on the Division Bench judgment of this Court in the case of - 2 - Rameshwar Prasad Vs. The Union of India & Ors. in L.P.A. No. 384 of 2002, reported in 2003 (2) PLJR 151. Perusal of the facts of the said case indicate that thereunder the petitioner was the employee of the Central Para Military Force and the dismissal order was communicated to him within the jurisdiction of the Patna High Court and appreciating such fact the Division Bench held the writ petition filed by the dismissed employee to be maintainable in this Court. In the instant case, the husband of the petitioner was the employee of Assam Police which is beyond the jurisdiction of this Court. In the circumstances, this writ petition is not maintainable, accordingly, it is disposed of with liberty to the petitioner to question the discharge order before the appropriate forum. P.K.P. (V.N.Sinha,J.)