Selection proceedings held at a place alone cannot decide place of cause of action

Allahabad High Court: A Single Judge Bench comprising of Ashwani Kumar Mishra, J., dismissed a petition filed against termination of petitioner’s services.

The petitioner in this petition had challenged the order passed by the Commandant, Central Industrial Security Force, Midanapur, West Bengal whereby petitioners service was terminated while he was on probation. Respondent contended the maintainability of the case as no cause of action arose before the Allahabad High Court whereas petitioner submitted that since selection procedure were carried at Allahabad thus part of cause of action arises before the court. Respondent referred to a Division Bench decision of the Court in Sube Singh v. Union of India, Special Appeal No.107 of 2017 where it was observed that just because selection proceedings have occurred under the territorial jurisdiction of a court, that would not constitute a part of cause of action for maintaining a writ petition against the order of termination.

In light of the above submissions, the Court held that the petition was not maintainable as no cause of action arose in the territorial jurisdiction of the Allahabad High Court. [Pramod Kumar v. Union of India,2018 SCC OnLine All 1585, order dated 07-09-2018]

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