- (1.) HEARD learned Counsel for the Petitioner.
(2.) THE Petitioner has put stress on the point that part of the cause of action having arisen at Ranchi, Ranchi Bench of Central Administrative Tribunal had jurisdiction. It is submitted that the Ranchi Bench of the Central Administrative Tribunal has jurisdiction, as letter of rejection was received at Ranchi. But the Ranchi Bench of Central Administrative Tribunal has denied hearing to the Petitioner, holding that it has no jurisdiction to decide his case. The Petitioner has placed reliance on the Hon'ble Supreme Court's decisions, reported in Bikash Bhushan Ghosh and Ors. v. Novartis India Ltd. and Anr. : (2007)5 SCC 591 and Om Prakash Srivastava v. Union of India and Anr. : (2006)6 SCC 207, wherein the Hon'ble Supreme Court has held that if part of cause of action arises at a place and if in a matter two courts are having jurisdiction, the Courts of that place will have the jurisdiction where part of cause has taken place. There cannot be any denial of the proposition as laid down by the Hon'ble Supreme Court. There are peculiar circumstances, in this case, wherein the notification issued from Mumbai under which the Petitioner had applied for being offered employment, containing stipulation, namely, Stipulation No. 19, which reads as under: Legal Matter: Any legal matter arising out of this employment notice, shall fall within the legal issue of Central Administrative Tribunal, Mumbai, and Central Administrative Tribunal, Jabalpur (MP) out of selection process of RRB Mumbai and RRB Bhopal respectively.
(3.) THE Stipulation No. 19, quoted herein above, specially excludes the jurisdiction of all other courts than the Mumbai Court. Having accepted the offer made in the notification wherein Stipulation No. 19 was contained, the Petitioner had submitted himself to the jurisdiction of the Central Administrative Tribunal, Mumbai, saying that there is no contract in between the Petitioner and the Railways which is not a proper exposition of the facts because once the offer is accepted without denial, it cannot be said that the Petitioner was not a party to that contract.;