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K. VINOD CHANDRAN, PARTHA SARTHY
Jagannath Mishra – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
K. Vinod Chandran, CJ. – The writ petition was dismissed on the ground of lack of territorial jurisdiction. The appellant was dismissed from the service of the Respondent-Company after a disciplinary proceeding, which was initiated, while he was working in the office of the Respondent-Company at Dhanbad within the Jharkhand State. The disciplinary proceedings related to allegations arising from the period, the appellant was working in the office of the Company at Muzaffarpur, within the State of Bihar. The inquiry was conducted partly in Delhi and partly in Patna and the dismissal order was issued by the disciplinary authority, who was at Chennai and served on the appellant at Dhanbad. The appellant also asserts that even the charge sheet was accepted by the appellant at Patna, in the Regional Office of the Company, to which place he was summoned. It is in the context of these bundle of facts, the question arises as to whether the remedy available to the appellant, to challenge the order of dismissal, was available to him in the High Court of Patna or the High Court of Jharkhand; being the highest courts of the respective States.
2. The learned Single Judge, as we noticed, found tha
The main legal point established in the judgment is the requirement of jurisdiction for a court to adjudicate a challenge to an order, and the impact of the absence of jurisdiction on the maintainabi....
The court emphasized that a dismissal must be proportionate to the misconduct and that procedural violations in disciplinary inquiries can invalidate the outcome.
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
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