HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU …….. TrP(C) No. 6/2024 CM No. 736/2024 Reserved on : 20.02.2025 Pronounced on : 01.03.2025 Rakesh Gupta, aged 50 years S/O Shri Kapoor Chand Gupta, R/O H.No. 276/D Extn. Aslam Shah Market, Janipur Colony, Jammu …….Petitioner(s)……… Through: Mr. Ankesh Chandel, Advocate Versus 1. Jammu & Kashmir Bank Limited, Corporate Headquarters, MA Road, Srinagar through its Chairman …Respondent….. 2. Central Government Industrial Tribunal, Labour Court-II, Chandigarh. ..Proforma respondent… Through: Mr. Raman Sharma, Advocate CORAM: HON’BLE THE CHIEF JUSTICE JUDGEMENT Tashi Rabstan CJ: 1. Through the medium of instant petition, transfer of the writ petition, WP(C) NO.113/2024, titled J&K Bank Limited vs. Central Government Industrial Tribunal & another, from Srinagar wing to Jammu wing of this Court is being prayed for. 2 Tr P(C) No. 6/2024 2. Before adverting to the grounds seeking transfer of the afore-stated writ petition from Srinagar Wing to Jammu Wing of this Court, it would be advantageous to give brief resume of the controversy, which is as follows: - a. The petitioner was appointed as Cashier-cum-clerk in the Jammu and Kashmir Bank Limited in the year 1998. In the year 2001, he was posted in Chowk Chabutra Branch Jammu of respondent no.1 – Bank. During his tenure in J&K Bank Limited, Chowk Chabutra Branch, Jammu, some fraud took place in the said branch and he was implicated in the case FIR No.36 of 2002 registered with Police Station, Crime Branch, Jammu and upon presentation of criminal challan, the petitioner was charge-sheeted by the criminal court. b. A parallel departmental inquiry was also initiated against the petitioner at Jammu by virtue of which his services were terminated vide order dated 19.04.2004. c. The petitioner, feeling aggrieved of his termination order dated 19.04.2004, challenged the same before the Central Government Industrial Tribunal-cum-Labour Court-II, Chandigarh. Ld. Tribunal at Chandigarh vide order dated 25.08.2023 set-aside the termination order of the petitioner by declaring the same as unfair and against the principles of natural justice. 3 Tr P(C) No. 6/2024 d. The respondent – bank instead of complying with the order dated 25.08.2023 passed by the Central Government Industrial Tribunal cum Labour Court, Chandigarh, challenged the order dated 25.08.2023 before the Srinagar wing of this High Court by filing a writ petition WP (C) No. 113/2024 titled J&K Bank Limited vs. Central Government Industrial Tribunal & another in which the petitioner has been arrayed as respondent no.2. 3. It is brought to the notice of this Court that the subject matter of the controversy involved in the writ petition filed by the respondent no.1-bank before Srinagar Wing of this High Court pertains to Jammu, therefore, petitioner seeks transfer of the afore- stated writ petition from Srinagar Wing to Jammu Wing of this High Court on the grounds that he was serving at Jammu in the J&K Bank Limited, Chowk Chabutra Branch, at the relevant point of time when departmental proceedings were initiated against him, more particularly the entire departmental proceedings were conducted by the respondent-bank and its officers at Jammu, and the final termination order of the petitioner dated 19.04.2004 was also passed by the respondent-bank against the petitioner and also served upon the petitioner at Jammu, therefore, it is the Jammu wing of this Court where the respondent-bank ought to have filed the afore-stated writ petition, but, instead the writ petition has been filed by the 4 Tr P(C) No. 6/2024 respondent-bank before Srinagar Wing of this High Court; that the petitioner is a resident of Jammu and is without any employment since 2004, thus, facing huge financial hardships and difficulties at this juncture of his life and he does not have enough resources to go to Srinagar and contest the writ petition filed by the respondent bank. The respondent bank has its full-fledged Zonal office at Jammu and has battery of lawyers in its panel who are contesting various litigations of the Bank before Jammu wing of this High Court, therefore, the ends of justice demands that the afore-stated writ petition filed by the respondent bank is transferred to Jammu Wing of the Court ; that no prejudice of any sort shall be caused to the respondent bank in the event the writ petition filed by the respondent-bank challenging the order dated 25.08.2023 passed by the Ld. Central Government Industrial Tribunal-cum-Labour Court, Chandigarh, is transferred from Srinagar Wing of this Court to Jammu Wing of this Court. 4. Learned counsel for the petitioner in support of his arguments has relied upon the judgment of the Hon’ble Supreme Court of India in a case reported as Subramaniam Swamy (Dr) v. Ramakrishna Hegde, (1990) 1 SCC 4 wherein it has been held that paramount consideration for the exercise of power of transfer must be to meet the ends of justice. Learned counsel has further argued that even majesty of law requires that a free, fair and reasonable trial should be held in litigation, more so in a case like the present one in 5 Tr P(C) No. 6/2024 which the respondent no.1 has battery of lawyers in its panel representing and contesting the cases of respondent no.1 before Jammu Wing of this Court and the petitioner herein who is resident of Jammu and due to grave and severe financial hardships, is not in a position to go to Srinagar to contest the said writ petition. 5. On notice, the respondent No.1-bank has filed reply contending therein that the respondents have admitted that the order of termination was served on the petitioner in Jammu, however, they state that the contesting of the matter at Srinagar neither warrants the personal presence of the petitioner nor requires travel for attending the hearing as such the petition for transfer is required to be dismissed. 6. Heard learned counsel for the parties and perused the record. 7. The facts are not in dispute. The respondent bank has its full-fledged Zonal office at Jammu and has battery of lawyers in its panel who are contesting various litigations of the Bank before Jammu wing of the Court, therefore, the ends of justice demands that the afore-stated writ petition filed by the respondent-bank is transferred to Jammu wing of the Court as no prejudice of any sort shall be caused to the respondent bank. 8. In the given circumstances, this application is allowed. Writ petition bearing No. WP(C) No.113/2024 titled J&K Bank Limited Vs. Central Government Industrial Tribunal and another is directed to 6 Tr P(C) No. 6/2024 be transferred from Srinagar Wing to Jammu Wing of this Court. Registrar Judicial, Srinagar Wing, shall transmit the complete record of the Writ petition bearing No. WP(C) No.113/2024 titled J&K Bank Limited Vs. Central Government Industrial Tribunal and another to Jammu Wing of this Court. On receipt of the record of writ petition, Registrar Judicial, Jammu shall list the case before the Court. The parties are at liberty to seek hearing through video conferencing/virtual mode also, if need arises. 9. Transfer application is, accordingly, disposed of. (Tashi Rabstan) Chief Justice Jammu 01.03.2025 Madan Verma, Secy. Whether approved for reporting? Yes Madan Lal Verma 2025.03.01 12:01 I attest to the accuracy and integrity of this document