Constituting a cause of action, it is not only the place where the order is made, but also at a place where the consequences fall on the person concern: HIGH COURT OF MADHYA PRADESH AT INDORE
The writ petition is allowed and disposed off by HIGH COURT OF MADHYA PRADESH AT INDORE in the case of CHANDRAHAS NAMDEV V. MP POWER TRANSMISSION COMPANY LTD. through HON’BLE JUSTICE VIJAY KUMAR SHUKLA.
FACTS OF THE CASE
The respondents have raised a preliminary objection regarding maintainability of the present petition on the ground that this Bench has no territorial jurisdiction in the matter. It is submitted that the order of punishment of stoppage of 2 increments with cumulative effect was passed at Khandwa which is within the territorial jurisdiction of this Court at Jabalpur. It is further submitted that the departmental appeal filed by the petitioner was decided at Jabalpur which is also within the territorial jurisdiction of Principal Bench at Jabalpur. Counsel for the petitioner submits that when the impugned order of punishment was passed, he was posted at Barwah, Dist. Barwah which is within the territorial jurisdiction of this Bench. The impugned order of punishment was communicated by the respondents to him at Barwah.
JUDGEMENT
It has been held that for constituting a cause of action, it is not only the place where the order is made, but also at a place where the consequences fall on the person concern. In the present case, the impugned order of punishment and the appellate order were communicated to the petitioner in district Barwah and its consequences has fallen on the petitioner in the district Barwah which is within the territorial jurisdiction of this Bench, therefore, it is held that this Court has territorial jurisdiction in the matter and the objection raised by the respondents is rejected.
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JUDGEMENT REVIEWED BY SHREYA NIDHI