CHANDRAHAS NAMDEV Vs. MP POWER TRANSMISSION COMPANY LTD

JUDGEMENT

(1.) 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.

(2.) The impugned order of punishment was communicated by the respondents to him at Barwah. It is further submitted that the appellate order passed by the respondents at Jabalpur was also communicated to the petitioner at Barwah, Dist. Barwah and, therefore, part of cause of action has arisen within the territorial jurisdiction of this Court and this Court has the jurisdiction. In support of his arguments, he has placed reliance upon the judgment of Full Bench of this Court in the case of K.P. Govil vs. Jawaharlal Nehru Krishi Vishwavidalaya reported in 1987 MPLJ (32) 396 wherein the Full Bench has held as under :-

(3.) He has further placed reliance upon the judgment passed by the Supreme Court in the case of Nawal Kishore Sharma Vs. Union of India and others reported in 2014 (9) SCC 329 wherein Hon'ble Supreme Court has held the petition to be maintainable. Considering the part cause of action arising at a particular place and as in para 17 is held as under :-