IMPORTANT POINTS
The High Court must be satisfied from the entire facts pleaded in support of the cause of action that those facts do constitute a cause so as to empower the court to decide a dispute which has, at least in part, arisen within its jurisdiction. That, each and every fact pleaded by the respondents in their application does not ipso facto lead to the conclusion that those facts give rise to a cause of action within the court's territorial jurisdiction, unless the facts pleaded have a nexus or relevance with the lis that is involved in the case. It was held that, facts which have no bearing with the lis or the dispute involved in the case, do not give rise to a cause of action so as to confer territorial jurisdiction on the court concerned.

JUDGMENT :

The petitioner; a Constable in the Central Industrial Security Force, was subjected to disciplinary action while working at the New Mangalore Port Trust. The reason for initiation of disciplinary action was that, on 29.05.2009, while the petitioner was deputed for duty at the KK Gate (out) of the New Mangalore Port from 13 Hrs to 21 Hrs, he was found to be in possession of cash, in excess of the amount declared by him at the time of joining duty. On initiation of the disciplinary action, the petitioner was issued with Ext.P2 Article of Charges and Statement of Imputation dated 6.06.2009. The charges were to the following effect:

"That CISF No.902292498 Constable K. Lakshmanan of CISF Unit, NMPT Mangalore was detailed for B' Shift duty on 29.05.2009 from 1300 hrs to 2100 hrs along with No.721370091 HC/GD K. Sreedharan at K.K. Gate-Out. Shri K. Korappan, AC, CISF Unit NMPT Mangalore, while carrying out surprise checking at 2055 hours on 29.05.2009 along with SI/Exe R.R. Singh, In-charge(CIW), Shri K. Korappan directed to SI/Exe R.R. Singh to conduct pocket checking of B' shift duty personnel deployed at K.K. Gate. Accordingly SI/Exe R.R. Singh conducted pocket checking of Constable K.Lakshmanan in presence of No. 753460102 ASI/Exe P.K. Thampy, In-charge, KK Gate and No.773430028 HC/GD Kuttan Pillai K.K., Main Gate-In and found an illegal money of Rs.1573/-(Rupees one thousand five hundred seventy three only) in possession of Constable K. Lakshmanan in various denominations and the amount was seized which was kept hidden between his belt and waist. When asked by Shri K. Korappan as to where the money came from and why he kept such huge amount with him, Constable K. Lakshmanan did not give any satisfactory reply. Immediately a seizure list was prepared wherein signature of witnesses were obtained. In this regard, a GD has been made at Sl. No.1324 at 2117 hours on 29- 05-09 at KK Gate. As per Unit standing instructions, duty personnel are not allowed to keep more than Rs.10/-for refreshment purpose during duty hours. All the Unit personnel including Constable K. Lakshmanan were also furnished a certificate in this regard that he is not involved in any kind of corrupt practices. In spite of this, he kept an illegal money of Rs.1573/-in his person. The above act on the part of No. 902292498 Constable K.Lakshmanan amounts to gross indiscipline, misconduct, breach of trust, violation of lawful orders and an act unbecoming of a member of Armed Force of the Union like CISF."

2. The petitioner submitted Ext.P3 reply denying the charges and explaining the circumstances under which he happened to be in possession of the excess amount. According to the petitioner, the amount was entrusted with the petitioner one Valsalan, a Crane Operator at the New Mangalore Port, who hails from the neighbourhood of the petitioner's native place. Since the petitioner was proceeding on leave to his native place on 30.05.2009, entrusted the amount along with a letter addressed to his wife and requested to hand over the money and letter to his wife. According to the petitioner, after accepting the money, he had gone to the Cabin of the Shift Supervisor to inform him about the amount in his possession. But before he reached the cabin, petitioner was accosted, searched, and the cash seized. The explanation offered by the petitioner having been found to be unsatisfactory, departmental enquiry was ordered against him. On conclusion of the enquiry, Ext.P12 report dated 02.09.2009 was submitted by the Enquiry Officer finding the petitioner guilty of gross indiscipline, misconduct, breach of trust, violation of lawful orders and acts unbecoming of a member of the Armed Forces of the Union. Thereafter, Ext.P14 order dated 22.10.2009 was passed by the disciplinary authority finding the petitioner guilty of the charges and imposing him with the punishment of compulsory retirement from service with full pension and gratuity with immediate effect and directing the