The Hon'ble lack of Suprem e Court in t he case of East ern v. Kalyan Banerj ee, r eport ed in

Mr. Vinod Naut iyal, Advocat e pet it ioner, t hrough video conferencing. t he

2. Mr. Lalit Belwal, Advocat e respondent no. 1, t hrough video conferencing. t he

18.02.2015

3. Pet it ioner was an em ployee of Nat ional I nsurance Com pany Lt d. Three punishm ent orders were passed against him on 05.11.2015, 06.11.2015 respect ively. Pet it ioner m ade a represent at ion t o t he Deput y General Manager, cont ending t hat he is not com pet ent t o im pose t he penalt ies, w hich were im posed by t he aforesaid t hree orders. His represent at ion was rej ect ed by t he Deput y General Manager / Disciplinary Aut horit y, vide order dat ed 02.02.2016. I n t his writ pet it ion, pet it ioner has 4. challenged t he order passed by Deput y General Manager, on 02.02.2016, and he has also sought a m andam us direct ing t he respondent s t ake any act ion against pet it ioner, pursuant t he orders dat ed 05.11.2015, 06.11.2015 and 18.02.2015. t o t o Lalit Belwal,

5. Mr. counsel appearing for t he Nat ional I nsurance Com pany Lt d. has drawn at t ent ion of t his Court t o t he t he pleading m ade count er affidavit , w hich is ext ract ed below: - in paragraph no. 3 of learned t he im pugned order dat ed 2- 2- 16 “ 3- That ( Annexure no. 6 t o t he pet it ion) has been passed by t he Deput y General Manager & Disciplinary Aut horit y, Jeevan Bharat i Building Tower I I , Fourt h Level, 124, Connaught Circus, New Delhi- 110001. As such t he ent ire cause of act ion has arisen in t he t errit or y of New Delhi and t his Hon'ble Court does not have t er rit orial j urisdict ion t o ent ert ain t he pr esent pet it ion for j urisdict ion. The Hon'ble lack of Suprem e Court in t he case of East ern Coal Fields Lim it ed v. Kalyan Banerj ee, r eport ed in ( 2008) 3 t er rit orial t he t he services of SCC 456 held aft er considerat ion of sev eral cases t hat cause of act ion for t he purposes of Art icle 226( 2) of t he Const it ut ion of I ndia for all int ent and purport m ust be assigned t he sam e m eaning as envisaged under Sect ion 20( c) of t he Code of Civil Procedure. I n t he case before t he Apex Court , t he respondent s w er e t erm inat ed at Mugm a who had preferr ed writ pet it ion befor e t he High Court at Calcut t a. A prelim inary obj ect ion was raised wit h regar d t o t he j urisdict ion of t he Calcut t a High Court . The Suprem e Court held t hat in view of t he decision of t he High Court t hat t he ent ire cause of act ion t he st at e of Jharkhand only because t he head office of t he respondent com pany is sit uat ed wit hin t he st at e of West Bengal t he sam e will not confer any j urisdict ion upon t he Calcut t a High Court w hen t he head office had not hing t o do wit h t he order of punishm ent passed against t he em ploy ee.” in Mugm a ar ea wit hin Learned counsel appearing for respondent 6. subm it s t hat since t he pet it ioner was serving in Delhi Region during t he period he was charge- sheet ed, and t he punishm ent orders were also passed by an aut horit y st at ioned at New Delhi, t herefore, no part of cause of act ion arose in t he St at e of Ut t arakhand, t herefore, t his Court lacks t errit orial j urisdict ion. This Court finds subst ance in t he said 7. subm ission. The Disciplinary Aut horit y respect of t he pet it ioner is t he Deput y General Manager, who is st at ioned at New Delhi. Pet it ioner was not serving wit hin Ut t arakhand for t he period he was charged, t herefore, we find subst ance in t he obj ect ion raised on behalf of t he respondent . I n such view of t he writ 8. pet it ion is dism issed on t he ground of lack of t errit orial j urisdict ion, wit h libert y t o pet it ioner t o approach t he appropriat e forum . t he m at t er, ( A sh i sh N a i t h a n i , .J.) ( M a n o j Ku m a r Ti w a r i , .J.)

06.05.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006d a82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA