cause of action and jurisidiction issue
Querist :
Anonymous
(Querist) 11 May 2010
This query is : Resolved
An Officer of a public sector organisation was transferred from Kerala to UP and due to various reasons, he could not report for duty & stayed in Tamil Nadu, which is his home state. Lot of correspondence from the organisation from UP as well as head office in Mumbai to residential address in Chennai. Ex parte departmental enquiry was conducted and severe punishment was imposed, which is grossly unjustified for minor misdeamenour. Which High Court has got jurisdiction to hear the writ petition. Whether it is Kerala or Tamil Nadu. Please guide me. Please let me whether writ petitions containing same matter be filed in two high courts.
R.R. KRISHNAA
(Expert) 11 May 2010
Writ has to be filed in High Court of kerala.
It is not legally permissible to file writ petitions in two high courts.
Good luck..
Querist :
Anonymous
(Querist) 11 May 2010
Thanks, Mr RR Kumar for your quick response. My main contention is that the action is imposition of harsh punishment by the organisation and the cause is my sitting in Tamil Nadu, not reporting to the place of posting because of various reasons. All the correspondence is with my address in Tamil Nadu. Hence, I got a feeling that the cause of action is Tamil Nadu and hence, I can file in Chennai High Court. Can you please consider this and elaborate your reply. Thanks once again for prompt response.
Raj Kumar Makkad
(Expert) 11 May 2010
In the given facts, the matter is not minor rather it is a serious case of long absence without any intimation, insubordination and so on a disciplinary action.
As the head ffice is situated in Mumbai and the joining had to be made in UP and you were posted within the jurisdiction of Kerala so all these 3 high courts are proper place to file writ. You may chose either of one.
G. ARAVINTHAN
(Expert) 12 May 2010
The place of Cause of Action arose at all the three places. Hence you can file Writ in any of the places.
Querist :
Anonymous
(Querist) 21 May 2010
Thanks, Mr Makkad for your reply. The facts of the case is that I was transferred to UP against the provisions of Transfer Policy and with a view to exhaust all options, I had appealed through a representation to top authority in the Bank for considering my request transfer to Chennai. So far, there is no reply and had my request is declined, I would have no other option except to report in UP. Secondly, this is not absence without intimation and in fact, there is regular correspondence between UP and me all this period. Thirdly, Bank in its history has never punished any officer with compulsory retirement, which it is aware. Fourthly, I had filed a complaint with CVC on malpractices in Kerala and Bank itself has acknowledged in writing the contents to be true and thanked me. This massive action against me is nothing but vindictive.
In this background, what are the chances of my case when I file a case in Kerala High Court. Please reply.
Thanks once again for your prompt reply.
