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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, C.J., JIYA LAL BHARDWAJ
National Institute of Technology, Delhi (NITD) – Appellant
Versus
Raj Kamal Verma – Respondent
| Table of Content |
|---|
| 1. unreasoned administrative orders invalid. (Para 1 , 2) |
| 2. part of cause of action confers jurisdiction. (Para 3 , 4 , 5) |
| 3. order sent to residence creates territorial jurisdiction. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. no delay if authority ignores representation. (Para 12 , 13) |
| 5. appeal dismissed without interference. (Para 14 , 15) |
JUDGMENT :
G.S. Sandhawalia, C.J.
The present Letters Patent Appeal is directed against judgment dated 04.09.2024 passed by the learned Single Judge in CWP No. 5831 of 2022, whereby the order dated 28.01.2022 (Annexure P-17) was quashed and directions were issued that the present appellant would be at liberty to take a fresh decision in this regard strictly in accordance with law regarding the issue of financial upgradation, and whether it is permissible or not. Apart from that, the learned Single Judge was also prima facie of the opinion that the person under deputation was also entitled to the said benefits and the withdrawal as such of the higher grade pay, was not justified.
2. The learned Single Judge was primarily of the view that the order dated 28.01.2022 did not contain any valid reasons and therefore has relied upon the constitutiona
High Court jurisdiction under Article 226(2) arises if even fraction of cause of action, like receipt of impugned order at residence within territory, occurs therein. No laches where authorities dela....
Territorial jurisdiction is determined by the place where the order is made and where the consequences fall on the person concerned. Forum conveniences should be considered, especially for retired em....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
Territorial jurisdiction of a High Court under Article 226(2) of the Constitution is determined by whether the cause of action, either in whole or in part, has arisen within its territorial limits.
High Court's jurisdiction to entertain a writ petition under Article 226 is contingent upon the presence of a cause of action within its territorial limits, as clarified by recent rulings.
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....
Point of Law : Territorial jurisdiction - Prior to Constitutional (Fifteenth Amendment Act, 1963, concept of cause of action was alien for adjudication of disputes by High Court under Article 226 of ....
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