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TMI Blog2022 (4) TMI 1595X X X X Extracts X X X X X X X X Extracts X X X X ..... e post of assistant Sub-Inspector, CISF was dismissed from service which shall ordinarily be a disqualification for future employment, which orders are illegal and unsustainable. Further, the petitioner prays for a writ of mandamus commanding the respondent to reinstate the petitioner with continuity of service and consequential benefit including back wages." 3. The petitioner has questioned the validity of the dismissal order, appellate authority order and revisional authority orders dated 20.01.2017, 28.06.2017 and 03.04.2018 respectively vide Annexures-8, 11 and 12. 4. The petitioner was appointed as Assistant Sub Inspector with the respondent-Central Industrial Security Force, order of appointment is dated 31.05.2013 and joining of service is 01.11.2013. Petitioner was subjected to disciplinary proceedings on three counts of charges and it was concluded in imposition of penalty of dismissal from service and it has been affirmed by both appellate and revisional authority. 5. The preliminary issue in the present matter is whether the present petition is maintainable on the score that petitioner could invoke territorial jurisdiction of this Court or not? Since the petitioner ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al facts which are imperative for the suitor to allege and prove constitute the cause of action. It is known fact that cause of action is not defined in any law or a statute. It has, however, been judicially interpreted inter alia to mean that every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his/her right to the judgment of the Court. Otherwise, it would mean that everything which, if not proved, gives the respondent-defendant an immediate right to seek a judgment, would be part of cause of action. Of course, its importance is beyond any doubt. Consequently, every action, there has to be a cause of action, if not, the plaint/petition, as the case may be, shall be rejected summarily. 12. Perusal of provision viz., clause 2 of Civil Procedure Code read with Article 226 (2) of the Constitution are in para materia. Entire bundle of facts pleaded need not constitute a cause of action as what is necessary to be proved before the petitioner can obtain a decree is the material facts. In other words, material facts would also be known as integral facts or factual aspects. 13. Article 226 of the Constitution as it originally stood had two-fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of action in whole or in part arises. Since one of the contention is that partial cause of action is accrued in Bihar State, it is necessary to take note of what is the meaning of cause of action. After the insertion of clause (1-A), re-numbered as "2" to Article 226 of Constitution, now the jurisdiction of a High Court can be invoked if the cause of action arises, wholly or in part, within the territorial jurisdiction of that High Court. However, the expression "cause of action" has neither been defined in the Constitution nor in the Code of Civil Procedure, 1908. But it may be described as "a bundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed", or if not proved would give the defendant a right to judgment in his favour. It gives occasion for and forms the foundation of the suit. "Cause of action" means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court as expressed in the case of Cooke vs. Gill, (1873) 8 CP 107: 42 LJ PC 98. The petitioner has contended that one of the essential fact has arisen within the territorial jurisdiction of this High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of the impugned order giving rise to a cause of action." Supreme Court in the case of Aligarh Muslim University and Another Vs. Vinay Engineering Enterprises (P) Ltd. and another, reported in (1994) 4 SCC 710, lamented in para no. 2 as under "2. We are surprised, not a little, that the High Court of Calcutta should have exercised jurisdiction in a case where it had absolutely no jurisdiction. The contracts in question were executed at Aligarh, the construction work was to be carried out at Aligarh, even the contracts provided that in the event of dispute the Aligarh Court alone will have jurisdiction. The arbitrator was from Aligarh and was to function there. Merely because the respondent was a Calcutta-based firm, the High Court of Calcutta seems to have exercised jurisdiction where it had none by adopting a queer line of reasoning. We are constrained to say that this is case of abuse of jurisdiction and we feel that the respondent deliberately moved the Calcutta High Court ignoring the fact that no part of the cause of action had arisen within the jurisdiction of that Court. It clearly shows that the litigation filed in the Calcutta High Court was thoroughly unsustaina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction by invoking the doctrine of forum conveniens. It is so held in Bhagat Singh Bugga vs. Dewan Jagbir Sawhney, reported in AIR 1941 Cal. 670, Madan Lal Jalan v. Madanlal, reported in AIR 1949 Cal 495, Bharat Coking Coal Ltd. vs. Jharia Talkies & Cold Storage (P) Ltd., reported in 1997 CWN 122, S.S. Jain & Co. vs. Union of India, reported in (1994) 1 CHN 445 and New Horizons Ltd. vs. Union of India, reported in AIR 1994 Del 126. 20. In view of above facts and circumstances and merely the fact that petitioner is a resident of State of Bihar and certain correspondences have been made by him and that does not accrues any partial cause of action to the petitioner in the State of Bihar so as to entertain writ petition. If this analogy is accepted every aggrieved person sitting at his/her home town invoke territorial jurisdiction of the respective State High Court, even though contesting respondent's office or residence is in a different place-territorial jurisdiction. For example employee of the respondents if he is resident of Tamil Nadu and make correspondence from Tamil Nadu and he cannot invoke jurisdiction of Madras High Court as employer and employee relation would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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