- (1.) Petitioner has filed this petition challenging order dated 27.07.2018 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal').
(2.) Learned counsel for the petitioner has submitted that the Tribunal has erred in dismissing the application filed by the petitioner on the ground of lack of jurisdiction. In-fact, the Tribunal had the jurisdiction to decide the claim of the petitioner raised in the application. In support of his arguments, learned counsel has relied on the judgment of the Hon'ble Supreme Court in Om Prakash Srivastava Vs. Union of India & Another, (2006) 6 SCC 207, wherein it was held as under: "11. It is settled law that "cause of action" consists of a bundle of facts, which give cause to enforce the legal inquiry for redress in a court of law. In other words, it is a bundle of facts, which taken with the law applicable to them, gives the plaintiff a right to claim relief against the defendant. It must include some act done by the defendant since in the absence of such an act no cause of action would possibly accrue or would arise. [ See South East Asia Shipping Co. Ltd. v. Nav Bharat Enterprises (P) Ltd ., (1996) 3 SCC 443.]"
(3.) Learned counsel for the petitioner has further relied on the judgment of the Hon'ble Supreme Court in Nawal Kishore Sharma Vs. Union of India & Others, [Civil Appeal No. 7414 of 2014 (arising out of SLP (C) No. 19549 of 2013) decided on 07.08.2014] wherein it was held as under: "11. On a plain reading of the amended provisions in Clause (2), it is clear that now High Court can issue a writ when the person or the authority against whom the writ is issued is located outside its territorial jurisdiction, if the cause of action wholly or partially arises within the courts territorial jurisdiction. Cause of action for the purpose of Article 226(2) of the Constitution, for all intent and purpose must be assigned the same meaning as envisaged under Section 20(c) of the Code of Civil Procedure. The expression cause of action has not been defined either in the Code of Civil Procedure or the Constitution. Cause of action is bundle of facts which is necessary for the plaintiff to prove in the suit before he can succeed." ;