Rajasthan HC Rejects Kota Showroom Employee’s Kerala Transfer Challenge, Says Receiving the Order in Kota Alone Does Not Confer Jurisdiction

The respondent transferred the petitioner from its Kota showroom to its head office in Alappuzha, Kerala, by order dated 29 August 2025, and directed him to hand over charge and report there.

After the petitioner did not comply, the respondent issued a show-cause notice dated 6 October 2025.

The petitioner challenged both orders before the Rajasthan High Court, relying on their communication to him at Kota as part of the cause of action.

The Court directed the petitioner to address whether it had territorial jurisdiction.

Article 226(2) of the Constitution permits a High Court to exercise writ jurisdiction where the cause of action arises wholly or in part within its territorial limits.

Cause of action means the material facts that must be established to obtain relief; a fact must have a nexus to the dispute and cannot confer jurisdiction merely because it occurred within the forum’s territory (ONGC v. Utpal Kumar Basu; Union of India v. Adani Exports Ltd.).

Mere service of a notice in the forum is insufficient unless that service is an integral part of the cause of action (State of Rajasthan v. Swaika Properties).

The Court distinguished Nawal Kishore Sharma v. Union of India, relied on by the petitioner, as inapplicable to the circumstances of this case.

The transfer order and show-cause notice were issued by the respondent at its head office in Alappuzha, Kerala.

The petitioner’s reliance on receipt of those documents at Kota did not establish a material fact connected to the underlying dispute that arose in Rajasthan.

Applying the principle that communication alone does not create a cause of action, the Court held that no part of the cause of action arose within its territorial jurisdiction.

It dismissed the writ petition, along with the stay application and any pending applications, while preserving the petitioner’s liberty to approach the appropriate forum where the cause of action arose wholly or in part.