- (1.) BY this writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to set aside the charge-sheet and to withdraw and set aside the order of dismissal and to forbear from giving any effect or further effect to that and to reinstate the petitioner in the service with all back wages and for other consequential benefits.
(2.) THE case of the petitioner is that he was appointed on June 27, 1990 at Basantimata Colliery. On June 7, 2006 he found that a list of employees was displayed in the notice board of the respondent no. 2 company, Chanh Victoria area, Barakar. That was an order of dismissal of several employees who were attached to different collieries. The petitioner was one of them. This was on the ground of absenteeism of the petitioner. The petitioner made a representation to the General Manager, Chanch Victoria area; but he received a reply from the Agent of the colliery rejecting the petitioner's prayer for reinstatement. By the present petition the petitioner has challenged the order of dismissal on various grounds. The respondents have taken a point of the territorial jurisdiction of this court to entertain the petition as a preliminary point of objection about the entertainability of the petition. This point as such was heard as a preliminary point and the affidavit filed by the respondents nos. 2 to 5 are restricted to the question of the preliminary objection alone.
(3.) THE respondents state that a charge-sheet was issued by the Agent of Basantimata Colliery which is in the state of Jharkhand. The explanation submitted by the petitioner was considered and the Agent being the disciplinary authority was not satisfied and in the regular departmental proceeding that was commenced, continued and concluded at the Basantimata Colliery which is outside the territorial jurisdiction of this court. The Agent had dismissed the petitioner from service. The respondents have taken the point of lack of territorial jurisdiction of this court to entertain the petition as, according to them, no part of the cause of action has arisen within the territorial jurisdiction of this court.;