K.Puratchivendan v. The Chief General Manager (M And Bd)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.09.2020

CORAM:

THE HON'BLE MR. JUSTICE V.PARTHIBAN and WMP No.15404 of 2020 K.Puratchivendan .. Petitioner Vs

1. The Chief General Manager (M&BD) Mangalore Refinery & Petrochimicals Ltd., MRPL, Opp KSSIDC, AO Building Industrial Estate, Rajai Nagar, Bangalore - 560 020.

2. Deputy General Manager (Security) Mangalore Refinery & Petrochimicals Ltd., Mangarlore - 575030

3. Group General Manager (HR) Mangalore Refinery & Petrochimicals Ltd., Mangarlore - 575030

4. The Managing Director, Mangalore Refinery & Petrochimicals Ltd., Mangarlore - 575030

5. The Senior Manager HR, Mangalore Refinery & Petrochimicals Ltd., Kuthathoor PO Via., Katipalia, Mangalore - 575 030

6. Life Insurance Corporation of India, Divisional Office Johnsonpet, 1/5

Salem - 637 007.

.. Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari,Call for the rcords relating to the proceedings of the show cause dated 10.02.2020 in MRPL/HR/DA/12636/PK/2019-20 by 1st respondent and quash the same. For Petitioner : Mr.K.Nagarajan.

O R D E R

This matter is taken up today, through Web hearing.

2. The writ petition is filed challenging the show cause notice dated 10.02.2020, issued against the petitioner, who is an employee of the 1st respondent company.

3. The show cause notice was issued against the petitioner seeking explanation from him, for his conduct in securing employment by providing false information of his qualification of his previous employment and securing employment in the respondent company.

4. The petitioner is employed in Bangalore and the Company's Head Quarters is in Mangalore. Both the place are in the State of Karnataka. 2/5

However, the writ petition is filed before this Court, on the specious reason that his earlier employment in LIC of India in Divisional Office, Salem, falls within the jurisdiction of this Court.

5. The learned counsel who appeared for the petitioner would submit that since the petitioner had earlier worked in Salem division of LIC of India and since the earlier employment was the subject matter of dispute and was the basis for issuing the show cause notice, he could maintain the writ petition before this Court.

6. This Court is unable to appreciate as to how such preposterous submission could be made and bring the grievance of the petitioner within the territorial jurisdiction of this Court. In the opinion of this Court, there is absolutely no part of cause of action has arisen within the jurisdiction of this Court. In regard to his earlier appointment with LIC of India, that factor may be the basis for issuing the show cause notice, but that has got nothing to do with the jurisdiction of this Court to entertain the petitioner's challenge to the show cause notice dated 10.02.2020.

7. This court is therefore, firmly of the view that in the absence of 3/5

cause of action arising within the territorial jurisdiction of this Court, the writ petition is liable to be dismissed as not maintainable.

8. In the said circumstances, the writ petition is dismissed as not maintainable. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.

09.09.2020 Speaking/Non-speaking order Index: Yes/No Internet: Yes ars 4/5

V.PARTHIBAN, J., ars and WMP No.15404 of 2020 09.09.2020 5/5