CWP No. 9329 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 9329 of 2011 Date of decision 25 . 5.2011 Semi Conductor Laboratory . Petitioner Versus . Central Administrative Tribunal and others .. Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajesh Mittal , Advocate for the petitioner 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. 1. The short issue raised in the instant petition filed under Article 226 of the Constitution is whether the Chandigarh Bench of the Central Administrative Tribunal (for brevity 'the Tribunal') could exercise jurisdiction in respect of an employee who has been transferred from SAS Nagar Mohali to Banglore. The Chandigarh Bench of the Tribunal has expressed the opinion that as long as a part of cause of action arises within the territorial jurisdiction of the Tribunal then the power of judicial review could be exercised by it. It has been held that in terms of Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987 (for brevity 'the Rules') if a part of cause of action has arisen within the jurisdiction of the Tribunal then the matter would fall within its jurisdiction. The Tribunal has also placed reliance on some judgements in the impugned order dated 6.5.2011. 2. Only few facts needs to be stated. The Original applicant- respondent was transferred from SAS Nagar to Banglore eight months ago and he has challenged his transfer order. 3. We have heard the learned counsel for the petitioner and are of the view that the writ petition does not merit admission. In Rule 6 of the Rules it has been envisaged that the Original Application has to be filed CWP No. 9329 of 2011 2 by a person with the Registrar of the Bench within whose jurisdiction the cause of action wholly or in part has arisen. The relevant portion of the Rules reads as under: “ 6. Place of filing application : (1)An application shall ordinarily be filed by an applicant with the Registrar of the Bench within whose jurisdiction - (i) xx xx xx (ii) the cause of action, wholly or in part has arisen.” 4. It is thus patent from the perusal of the aforesaid Rule that if a part of cause of action had arisen within the jurisdiction of the Tribunal at Chandigarh then the Original Application can be entertained by the Chandigarh Bench of the Tribunal. It is not disputed that the order of transfer was passed at SAS Nagar Mohali and was served upon the Original Applicant- respondent within the area which falls in the jurisdiction of the Tribunal. It cannot be said that a part of cause of action had not arisen within the territorial jurisdiction of the Chandigarh Bench of the Tribunal. Moreover, the petitioner is a semi government corporation which is situated at SAS Nagar Mohali, it is not understood as to how the petitioner would be aggrieved by the order passed by the Tribunal. Accordingly, we find no merit in the petition and the same is dismissed. Let the matter be decided on merit by the Tribunal. (M.M.Kumar) Judge (Gurdev Singh) 25.5 .2011 Judge okg