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S Vs Union of India & Ors. — Service and Employment | Delhi HC (2024)

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Delhi HC
2024
S Vs Union of India & Ors.S v. Union of India & Ors.

Dismissed

S v. Union of India & Ors.

Delhi HC2 May 2024W.P.(C)/6213/2024

Case brief

AI extract

What is this about?

Writ petition dismissed on the ground of lack of territorial jurisdiction as the cause of action did not arise within the court's jurisdiction.

What the court decided

AI extract

A

$~89

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 6213/2024

S ..... Petitioner

Through: Dr. Swati Jindal Garg, Mr. Sowmya China, Mr. Abhimanyu Kumar and Ms. Nidhi Kumar, Advocates.

versus

UNION OF INDIA & ORS. ..... Respondents Through: Ms. Radhika Bishwajit Dubey, CGSC for R-1.

CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 02.05.2024 CM APPL. 25888/2024 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 6213/2024

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the High Court of Delhi has territorial jurisdiction to entertain the writ petition?

Parties & counsel

AI extract

petitioner
S
respondent
UNION OF INDIA & ORS.

Coram

AI extract

SUBRAMONIUM PRASAD

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 2 May 2024 · May
Registered: 1 May 2024
Case no.: W.P.(C)/6213/2024

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Cite this judgement

S v. Union of India & Ors., W.P.(C)/6213/2024 (DEL), decided on 2 May 2024.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

SUBRAMONIUM PRASAD

Parties & counsel

Outcome

Dismissed

Issue for consideration

Whether the High Court of Delhi has territorial jurisdiction to entertain the writ petition?

Detailed headnote1 paragraphs

Writ petition disposed of due to lack of territorial jurisdiction. The court held that none of the facts giving rise to the cause of action, including service and harassment complaints, occurred within its jurisdiction.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

The Petitioner has approached this Court with the following prayers:

“i. Issue a Writ of Mandamus Directing the Respondents to provide redressal to the petitioner along with the report of the departmental committee formed as per order dated 16.11.2023 qua her complaint of sexual harassment,

ii. Issue Writ of Mandamus, directing the Respondents to accept the petitioner’s resignation Dt: 14.02.24,

iii. Direct the Respondents to release the Petitioner’s pending Salary, Travel Allowance (TA), Dearness

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 14:45:24

Allowance (DA), Outstanding Dues, Gratuity, and National Pension System (NPS) contributions. iv. Direct the Respondents to pay exemplary costs and Additional Damages as deemed appropriate by this Hon’ble Court to the Petitioner for all the hardships faced by her, including but not limited to:

(a)the Non-constitution of a standing IC at her Workplace,

(b)the harassment faced by her at the hands of the authorities concerned,

(c)the workplace harassment faced by her at the hands of Teachers, staff members and other officers of the respondents,

v. Pass such order and or further orders as this Hon'ble court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

A perusal of the facts as stated in the writ petition reveals that the Petitioner was appointed as a TGT (Hindi) in Poonch, Jammu and Kashmir and she was transferred to several places. Complaints of harassment are in Rajasthan and Haryana.

No cause of action or even a part of the cause of action arises within the territorial jurisdiction of this Court. It is well settled that cause of action depends on a bundle of facts. None of the facts as revealed in the writ petition arises within the jurisdiction of this Court. This Court is, therefore, not inclined to entertain the present writ petition only on the ground of territorial jurisdiction.

The writ petition is disposed of, along with pending application(s), if

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 14:45:24

any. It is made clear that this Court has not expressed any opinion on the facts of the present case.

It is always open for the Petitioner to approach the Court of competent jurisdiction for redressal of her grievances.

SUBRAMONIUM PRASAD, J

MAY 2, 2024 S. Zakir

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 14:45:24

CNR

DLHC010243192024

Topic

Service and Employment

Bench

Subramonium Prasad

Case type

Writ Petition (Civil)

A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.

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Mangal Sain Vs Municipal Corporation of Delhi and Ors.

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