This court dismissed a writ petition challenging service-related actions by Indian Bank. The core issue was territorial jurisdiction. The judge held that since neither respondent nor any part of the cause of action arose within Kerala, the High Court lacked jurisdiction under Article 226.
Writ petition dismissed for lack of territorial jurisdiction.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 1ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.256 OF 2021(F)
PETITIONER:
SHINY SAJI (SR NO.56330) AGED 48 YEARS MANAGER, (AWAITING REPOSTING), INDIAN BANK, KADAIYUR BRANCH, COIMBATORE, RESIDING AT NANDANAM, KAVERI NAGAR, GOLF INK ROAD, CHEVAYUR P. O., KOZHIKODE - 673 017, KERALA.
BY ADVS. SRI.T.P.DEYANANTHAN SRI.A.V.RAMAKRISHNA PANICKER SRI.S.KRISHNALAL
RESPONDENTS:
1 INDIAN BANK, REPRESENTED BY THE GENERAL MANAGER (HRM), CORPORATE OFFICE, AVVAI SHANMUGHAM SALAI, ROYALPETTA, CHENNAI - 600 014.
2 ZONAL MANAGER INDIAN BANK, COIMBATORE ZONE - 641 001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2021, THE COURT ON 1-02-2021 DELIVERED THE FOLLOWING:
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ANU SIVARAMAN, J.
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Dated this the 1st day of February, 2021
JUDGMENT
1.This writ petition is filed with the following prayers:-
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Sd/- Anu Sivaraman, Judge
sj/22/1/2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.CO.CBE:HRM:O:659:SAB:04:2013-14 DATED 13.09.2013. EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 23.09.2015, ADDRESSED TO THE FIRST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LEAVE APPLICATION TOGETHER WITH FORWARDING LETTER FOR 3 MORE YEARS APPLIED. EXHIBIT P4 TRUE COPY OF THE MEDICAL CERTIFICATE FROM MULTI SPECIALTY HOSPITAL, MUKKAM, KOZHIKODE, FOR WHICH THE LEAVE SUGGESTED FOR REST WAS FROM 03.10.2015 TO 23.09.2016. EXHIBIT P5 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED FROM HIGH LIFE MULTI SPECIALTY HOSPITAL, MUKKAM, KOZHIKODE DATED 25.09.2016. EXHIBIT P6 TRUE COPY OF THE INTIMATION GIVEN TO THE BRANCH MANAGER DATED 06.02.2017. EXHIBIT P7 TRUE COPY OF THE LR.NO.ZO:CBE:HRM:O:2016-17 ISSUED FROM HRM CELL, ZONAL OFFICE, COIMBATORE. EXHIBIT P8 TRUE COPY OF THE APPLICATION NUMBER REGULATION 29 OF THE INDIA BANK EMPLOYEES PENSION REGULATION 1995.
EXHIBIT P9 TRUE COPY OF THE LETTER NO.ZO:CBE:O:2017-18 DATED 10.11.2017 FROM CHIEF MANAGER, ZONAL OFFICE, COIMBATORE.
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EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 19.11.2020. EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 23.12.2020 ADDRESS TO FIRST RESPONDENT. EXHIBIT P12 TRUE COPY OF THE POSTAL TRANSCRIPTION RECEIPT DATED 23.12.2020. True copy
PS to Judge
3 issues framed by the court
Whether this Court possesses territorial jurisdiction to entertain a writ petition regarding service matters where no respondent or cause of action arises within its territory.
Whether the petitioner's residence in the state of Kerala confers jurisdiction on this Court for service-related grievances arising at a branch in Tamil Nadu.
Whether a writ petition seeking reinstatement and posting orders is maintainable when the cause of action has not arisen within the forum's jurisdiction.
Colour shows how this judgement treated each authority
Dental Council of India v. ViswanathReferred¶4
Dental Council of India v. Viswanath [2018(3) KLT 255]
Aparna Balan v. Union of IndiaReferred¶4
Aparna Balan v. Union of India [2018 (3) KLT 832]
Shiny Saji
Indian Bank
Zonal Manager Indian Bank
Anu Sivaraman J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
