HIGH COURT OF UTTARAKHAND, AT NAINITAL Special Appeal No.11 of 2010 Ex-Rifleman Narayan Singh (No.0110782K) Village Sunkot PO Joshyura P.s. Bhimtal District Nainital … Appellant Versus Union of India & others … Respondents Dated:- 14th May, 2010 Coram: Hon. Tarun Argarwala, J. Hon. B. C. Kandpal, J. Per:- Hon’ble Tarun Agarwala, J. The appellant was court-martialed in Assam, against which the appeal of the appellant was dismissed by an order of the Chief of the Army Staff at New Delhi. The appellant, being aggrieved by the aforesaid orders, preferred a writ petition before this Court, which was dismissed by an order dated 07.11.2009 by the learned Single Judge of this Court on the ground that no cause of action or part of cause of action had arisen in the territorial jurisdiction of the Uttarakhand High Court and that this court had no territorial jurisdiction to entertain the writ petition. Against the said order of the learned Single Judge, the present special appeal has been filed by the appellant. The learned counsel for the appellant contended that the Chief of Army Staff can be sued anywhere in the country and, therefore, the writ petition was filed in the Uttarakhand High Court. In support of his contention, the learned counsel for the appellant placed reliance on the decision of the Supreme Court in the case of Dinesh Chandra Gahtori Vs. Chief of Army Staff & another 2001 (9) SCC 525. Having heard Sri Lalit Kumar, the learned counsel for the appellant and Sri Pradeep Joshi, the learned Standing Counsel for the respondents, we find that the decision of the Supreme Court in Dinesh Chandra Ghahturi (supra) was considered by a full bench of the 2 Allahabad High Court in the case of Rajendra Kumar Mishra Vs. Union of India & others 2005 (1) UPLBEC 108 and it was held that the writ petition could not be entertained at the Allahabad High Court and that the decision of the Supreme Court did not lay down any absolute proposition that it was open to the petitioner to file a writ petition in any High Court in India. We have perused the decision of the learned Single Judge of this Court, which is well considered and we find no reason to take a different view. For the reason stated aforesaid, the special appeal fails and is dismissed. (B. C. Kandpal, J.) (Tarun Agarwala, J.) Dated 14.05.2010 LSR