• Jurisdiction of the court to be decided

I retired from a financial institution few months back.The said institution is having branches all over India.While working in a branch in Tamilnadu I was charge sheeted for an alleged irregularities in the conduct of one account in a branch located in North India where i had worked prior to transfer to Tamilnadu. After Inquiry punishment was imposed on me while I continue to serve in Tamilnadu.As I felt the findings are in violation of staff accountability policy guidelines of the institution I preferred an Appeal.Upon rejection of my appeal I submitted a review petition to the concerned authority.The review petition was not disposed by the authority for more than a year and in the mean time I retired.Few months prior to my retirement i was transferred to Kerala.While in service in Kerala I had sent reminder letters to authority regarding my pending review petition.But no response was received. Now if I have to file a case against my employer which court is having jurisdiction in this case.Is it High court in North India or Tamilnadu or kerala? Kindly clarify with reasons.
Asked 4 years ago in Civil Law

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10 Answers

1.It appears the management in TN only imposed punishment on you on completion of disciplinary proceeding.

2. And you preferred an appeal therein only agaisnt such punishment along with Review Petition.

3.if that is so then the Administrative Tribunal on Chennai or the High Court at Madras alone has jurisdiction to seek legal intervention.

4. The other administrative tribunal or the high court has no territorial jurisdiction over this and hence do not waste time exploring such option .

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

High Court of such place under whose jurisdiction your review petition is pending will have the jurisdiction.

File a petition under 226 for quashing of the impugned order, writting whereof that you have exhausted the alternative remedy but the same is not effective.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

alleged irregularities were committed in branch in north india

2) HC in north india would have jurisdiction as offence was committed in North india

3) order imposing punishment was passed in north india

4) if punishment order was passed in TN you can file writ in Madras high court

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

What case are you going to institute?

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Sir,

Since alleged irregularities took place in North India so you have to file your case only in High Court situated in that particular State of North India. You may seek a direction for early disposal of your review petition by the concerned authorities. If such order not your favor then you have a right to approach High Court again.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

The branch which Charge sheeted - That HC Jurisdiction will lie.

The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you were punished while you were in Tamilnadu for the offence committed in another area, then you may have to see which jurisdiction or limit that they have taken action on you.

However since the company is functioning in Tamilnadu also, you may file a case in Tamilnadu itself because that is the place where you received the punishment from the company.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You have to file this writ in the High Court within whose jurisdiction the rejection order has been passed, in your Departmental Appeal.

Thus, if the Appellate Authority is based out of North, it is preferable to file this case in the North Indian High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

it is suggested to file the case at the place nearest to you and do mention that there are branches of the FI there also and make them a party.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The jurisdiction will be place of incidence and if the incident gas happened in several places any of the all. You can also file writ petition in HC.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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