TaxTMI 
TaxTMI 
2016 (12) TMI 1768
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....03 802 Sub: Termination of contract of Cmde P.K. Srivastava, Director (Corporate Planning Project & Business Development), Goa Shipyard Ltd. (GSL). Sir, I am directed to convey the approval of the Competent Authority for termination of contract of Cmde P.K. Srivastava, Director (Corporate Planning Project & Business Development) in Goa Shipyard Ltd. with immediate effect, on payment of three month‟s salary in lieu of three months‟ notice. Yours faithfully Sd/- (Sadhna Khanna) Deputy Secretary (NS) Tel: 2301 8967 Copy to:- 1. Establishment Officer, DOP&T, North Block, New Delhi w.r.t. OM No.12/6/2015-EO (ACC) dated 21/10/2015. 2. Secretary, PESB, New Delhi 3. Secretary, DPE, New Delhi 4. Secretary (DP) 5. PS to RM/PS to RRM 6. Cmde P.K. Srivastava, Director (Corporate Planning Project & Business Development), GSI 7. IF (DP-II) 8. D (Coord/DDP) 9. D (Vigillance) Letter dated 28.10.2015 CONFIDENTIAL GSL/04(O)-50537 28 Oct 2015 Cmde P K S Shrivastava, Director (CPP&BD) Goa Shipyard Ltd Goa Sub: Termination of Services Contract of Cmde PKS Shrivastava, D (CPP&BD) 1.....
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....15) DLT 321 to argue that if an order of termination of services of the petitioner has been passed on the file at New Delhi, this Court would have the territorial jurisdiction. The relevant paras of the judgment in the case of Mukul Gupta (supra) are paras 19 to 27, and which paras read as under: "19. In Kusum Ingots' case the company, having its registered office at Mumbai obtained and was granted a loan from the Bhopal branch of the State Bank of India. The Bank issued a notice for re-payment of loan from Bhopal, foundation of which notice was the Securitizations and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, vires of which was challenged by the company by filing a writ petition in the Delhi High Court; pleading jurisdiction on the fact that the legislation was promulgated in Delhi. In paragraph 19 of its decision, the Supreme Court held: 'Passing of a legislation by itself in our opinion does not confer any such right to file a writ petition unless a cause of action arises therefor.' In the next paragraph, para 20, it was observed: 'A distinction between a legislation and executive action should be borne in mind wh....
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....nion of India, State or any other statutory authority. In a case where the field is not covered by any statutory rule, executive instructions issued in this behalf shall also come within the purview thereof.' It is only thereafter a reference is made to the situs of the office. 25. In other words, orders and instructions which are in the nature of law would be distinct from decisions and orders which though executive in nature but are not akin to a law. 26. Since the impugned decision on the file, recorded in the minute books of the board of the first respondent, was taken at the registered office of the first respondent at Delhi, it would be a case where part cause of action has arisen in Delhi for the reason the perceived wrong by the appellant is the decision in question and apart from other grounds violation of principles of natural justice while taking the decision has been pleaded. The omission to give the hearing would therefore be required to be treated as an act of omission in Delhi. 27. Though jurisdiction may not be vested in this Court on account of the sole reason that the registered office of the employer i.e. the first respondent is at ....
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....of his viewpoint on the subject. It is no more than an opinion by an officer for internal use and consideration of the other officials of the department and for the benefit of the final decision-making authority. Needless to add that internal notings are not meant for outside exposure. Notings in the file culminate into an executable order, affecting the rights of the parties, only when it reaches the final decision-making authority in the department, gets his approval and the final order is communicated to the person concerned. 15. In Bachhittar Singh v. The State of Punjab a Constitution Bench of this Court had the occasion to consider the effect of an order passed by a Minister on a file, which order was not communicated to the person concerned. Referring to the Article 166(1) of the Constitution, the Court held that order of the Minister could not amount to an order by the State Government unless it was expressed in the name of the Rajpramukh, as required by the said Article and was then communicated to the party concerned. The court observed that business of State is a complicated one and has necessarily to be conducted through the agency of a large number of official....
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....negative because unless a person knows about an order of termination of services being passed, and an employee will only know about an order of termination of services only when it is communicated to him, and therefore, since communication is a compulsory link and a sine qua non for arising of the cause of action, therefore it is when the order in the Government file is communicated to the aggrieved person at a particular place, then, at that place where the communication is done, a cause of action can be said to have arisen and not at the place where the order is passed on the file because a non-communicated order passed at a place where such order is lying in the file is not an actionable order creating a right or liability. The order dated 27.10.2015 has not been directly communicated to the petitioner because the order which is communicated to the petitioner is the order dated 28.10.2015 and which has been issued to the petitioner at Goa and where he performed his services with the respondent no.2/Goa Shipyard Ltd. Therefore, it is held that if without communication of an order to the concerned person no right arises in favour of the Government and no liability accrues against ....
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....ose with respect to passing of an order by the Assistant Commissioner of Customs ICD, Malanpur in Madhya Pradesh, and which order was challenged at Delhi, and accordingly, the Full Bench of this Court laid down the ratio in para 33 of the Judgment and which ratio reads as under :- "33. In view of the aforesaid analysis, we are inclined to modify the findings and conclusions of the Full Bench in New India Assurance Company Limited (supra) and proceed to state our conclusions in seriatim as follows: (a) The finding recorded by the Full Bench that the sole cause of action emerges at the place or location where the tribunal/appellate authority/revisional authority is situate and the said High Court (i.e., Delhi High Court) cannot decline to entertain the writ petition as that would amount to failure of the duty of the Court cannot be accepted inasmuch as such a finding is totally based on the situs of the tribunal/appellate authority/revisional authority totally ignoring the concept of forum conveniens. (b) Even if a miniscule part of cause of action arises within the jurisdiction of this Court, a writ petition would be maintainable before this Court, however....