SELVIN ABRAHAM Vs. PUNJAB ALIAS SIND BANK

JUDGEMENT

(1.) The Writ Appeal is filed by the petitioner in O.P. 25142/1998 challenging the judgment of the learned Single Judge dismissing the Writ Petition on the ground that this Court had no territorial jurisdiction to entertain the Writ Petition as no part of the cause of action had arisen within the jurisdiction of this court. The facts involved in the Writ Petition disclose that the appellant while working as Asst. Manager of the 1st respondent bank at Coimbatore was served with two charge sheets for certain misconducts. The enquiry officer found that the charges were not fully proved. But the disciplinary authority dismissed the appellant from service based on further appreciation of evidence. Though an appeal was filed, the same came to be dismissed and further review also ended in dismissal. It is challenging the proceedings of the dismissal that the Writ Petition is filed. The impugned orders are Ext. P1, the suspension order, Ext. P13, the order passed by the disciplinary authority dismissing the appellant from service, Ext. P16, order of the appellate authority and Ext. P20, the order in review.

(2.) The first respondent bank raised a preliminary objection inter alia contending that all disciplinary proceedings in relation to the appellant were taken outside the jurisdiction of this Court and no part of the cause of action had arisen within the jurisdiction of the State of Kerala.

(3.) According to the appellant, though he was employed at Coimbatore when the alleged incident occurred resulting in the memo of charges and the enquiry was held at Coimbatore, in view of the fact that the petitioner received the order of dismissal from service Ext. P13, at his last known address at Kottayam in the State of Kerala, part of the cause of action had arisen within the jurisdiction of this Court. Reliance was placed on Art. 226(2) of the Constitution of India which inter alia indicates that if whole or part of cause of action had arisen within the jurisdiction of the Court, the said Court will have jurisdiction to entertain the Writ Petition.