Subhas Chandra Ghosh vs The Union Of India & Ors
2022 Latest Caselaw 23 Cal

05.01.2022
  ss                        IN THE HIGH COURT AT CALCUTTA
   6                       CONSTITUTIONAL WRIT JURISDICTION
                                 APPELLATE SIDE

                                  W.P.A. 19323 of 2021

                                Subhas Chandra Ghosh
                                          Vs.
                               The Union of India & ors.


                                Mr. Kishore Datta
                                Ms. Sumita Shaw
                                            ... For the petitioner

                                Mr. Niladri Saha
                                Ms. Sabarni Midya
                                             .... For the respondent

Ms. Susmita Saha Dutta ... For the respondent

The petitioner is challenging the adverse remark

made against him for the period between 1st April, 2014

and 7th October, 2014 in this writ petition.

It is submitted on behalf of the respondent that

the entire cause of action giving rise to the adverse

remark has taken place outside territorial jurisdiction of

this Court.

All the respondents, as it appears from the cause

title, also have their respective offices outside the

territorial jurisdiction of this Court. Thus, according to

the respondents, this Court lacks territorial jurisdiction

to receive, try and determine the instant writ petition.

Responding such territorial jurisdictional issue

raised by the respondents, the petitioner says that in

view of the provisions of Article 226(2) of the Constitution

of India the petitioner is entitled to file and maintain the

instant writ petition before this Court. The petitioner is

presently posted at Durgapur. He made his

representation to reconsider such adverse remark from

his present place of posting at Durgapur to the authority

concerned, the respondent no.2 herein, who is at New

Delhi. The petitioner says that he has received the

rejection memo also at his present place of posting at

Durgapur.

The petitioner, however, seeks an adjournment to

cite some judgments to set at rest the territorial

jurisdictional issue raised by the respondents.

Let this matter appear on 17th January, 2022 for

further consideration.

(Arindam Mukherjee, J.)