K.P. VERMA Vs. U.O.I.

JUDGEMENT

(1.) CHALLENGE in this writ petition is to an order dated 13 January 2003, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short "the Tribunal") in O.A. 1141/2003. By the impugned order, the learned Tribunal has been pleased to dismiss petitioner's original application, wherein he had challenged his transfer from Gothangaon to Tenzingaon on the ground that since the order of transfer had been communicated to him within the State of Maharashtra, Tribunal's Bench at New Delhi had no jurisdiction to entertain the application. Pursuant to the show cause notice issued to the respondents, Mr. Anil Srivastava has put in appearance on behalf of the Central Tibetan Schools Administration, the contesting respondent No. 3 herein.

(2.) HAVING heard learned Counsel for the parties, we are of the view that the Tribunal has failed to take into consideration the relevant facts, necessary to arrive at a proper decision on the question of maintainability of the original application, on the ground of lack of territorial jurisdiction.

(3.) IN the instant case, we find it difficult to endorse the view taken by the learned Tribunal that no part of cause of action for filing application arose within the territorial jurisdiction of the Delhi Benches of the Tribunal. Admittedly, the three respondents, who have taken decision for petitioner's transfer, are based in Delhi; the transfer order has been issued from Delhi and petitioner had to make representation in Delhi and, therefore, on the issue of the order of transfer, a part of cause of action did arise in Delhi.