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2014 Supreme(Ker) 615

High Court of Kerala
ANTONY DOMINIC, K. RAMAKRISHNAN & ANIL K. NARENDRAN, JJ.
Registrar, Indian Maritime University
Versus
K.G. Viswanathan & Another
W.A. No. 743 of 2014 & W.P. (C) Nos. 22184 of 2013 & 8678 of 2014
Decided On : 29-10-2014

Advocates Appeared:
For the Appellant: V.B. Hari Narayanan, SC, Indian Marit.
For the Respondents:R1, T.C. Govinda Swamy, Advocate, R2, N. Nagaresh, Assistant Solicitor General.

Headnote:Constitution of India, 1950 Article 226(2) -The territorial; jurisdiction cannot take decisions in the termination of the services, cause of action and right of action was explained thus.

JUDGMENT

ANTONY DOMINIC, J.

1. W.P. (C) 22184 of 2013 was filed by the first respondent herein, seeking to quash Ext.P1 order issued by the appellant, the first respondent in the writ petition and to direct the appellant to allow him to join duty as Professor (Management). When the writ petition came up for orders, appellant raised an objection that since the entire cause of action had arisen at Chennai, the writ petition filed in this Court was not maintainable. By order dated 27.11.2013, the objection was overruled and the writ petition was held maintainable. It is aggrieved by this order, W.A. 743 of 2014 is filed. Since the judgment in the writ appeal will have an impact on the maintainability of the writ petition, with the consent of the counsel on both sides, W.P. (C) 22184 of 2013 was also called for to the Full Bench.

2. When the writ appeal came up for consideration before a Division Bench, on behalf of the respondents, reliance was placed on the Division Bench judgment of this Court in Selvin Abraham vs. Punjab & Sind Bank, 2013 (3) KLT 481. However, on going though the said judgment, the Division Bench felt that the view taken in Selvin Abraham (supra) was apparently in conflict with the principles laid down by a Full Bench of this Court in Nakul Deo Singh vs. Deputy Commissioner, 1999 (3) KLT 629 (FB). Accordingly, by order dated 12.6.2014, the writ appeal was referred to be considered by a Full Bench.

3. Subsequent to the reference of the writ appeal, W.P. (C) 8678 of 2014 came up for consideration before a learned single Judge, where also, an objection regarding the maintainability of the writ petition for want of territorial jurisdiction over the cause of action was raised, placing reliance on the judgment of the Full Bench in Nakul Deo Singh (supra) and the petitioner therein placed reliance on the judgment in Selvin Abraham (supra). When the matter was considered on 17.6.2014, the learned single Judge was informed that doubting the correctness of the judgment in Selvin Abraham (supra), W.A. 743 of 2014 is already referred and is pending consideration of a Full Bench. Accordingly, the learned single Judge passed order dated 17.6.2014, directing to list this writ petition along with W.A. 743 of 2014. This is the background in which these cases are listed before the Full Bench.

4. Turning to the judgment in Selvin Abraham, we should first clarify that if we find that this judgment was rendered wrongly applying the principles laid down by the Full Bench in Nakul Deo Singh, the necessary consequence would be reversal of Selvin Abraham. Therefore, we will examine Selvin Abraham in that limited perspective only.

5. In Selvin Abraham (supra), the correctness of which is doubted, while working as Assistant Manager in the Punjab & Sind Bank at Coimbatore, the appellant was proceeded against for certain misconducts. Enquiry was conducted at Coimbatore and the charges were proved. The Disciplinary Authority dismissed him from service. This order was served on him at his native place in Kerala. His appeal and review were also dismissed. He filed a writ petition before the Kerala High Court challenging the order of suspension, dismissal and the orders passed by the appellate and review authorities. Objection was raised by the bank that this Court lacked territorial jurisdiction to entertain the writ petition as the entire cause of action arose outside the State. This contention was accepted by the learned single Judge, relying on the judgment of the Full Bench in Nakul Deo singh (supra) and the writ petition was accordingly dismissed.

6. Before the Division Bench, the contention raised was that the order of dismissal became effective only when it was served on the appellant at his address at Kottayam in the State of Kerala and therefore, an integral part of the cause of action arose within the jurisdiction of this Court. The appellant also relied on the Apex Court judgments in State of Punjab vs. Amarsingh Harika, AIR 19














































































































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