Subhas Chandra Ghosh vs Union Of India & Ors
2022 Latest Caselaw 956 Cal

     05
02.03.2022
 Ct. No.23
     pg.
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                              APPELLATE SIDE

                                  WPA 19323 of 2021

                                 Subhas Chandra Ghosh
                                           Vs.
                                  Union of India & Ors.


                     Ms. Sumita Shaw
                     Mr. Kapil Guha
                                 ... For the petitioner

                     Ms. Susmita Saha Dutta
                                ... For the respondents

After hearing the parties and considering the

judgments reported in (2004) 6 SCC 254, (2006) 6 SCC

207, (2014) 9 SCC 329 and (2020) 10 SCC 766 cited by the

petitioner and the judgment of this Court dated 30th

October, 2019 passed in WP No.18991 (W) of 2019 (Tarak

Nath Nayak v. The Director General, Central Reserve Police

Force & Ors.) cited by the respondents and also

considering the principles culled out in the judgment of

this Court dated 19th January, 2011 passed in WP

No.22106 (W) of 2010 (SRRAK-REIPL JV & Ors. Union of

India & Ors.) regarding territorial jurisdiction of a High

Court while entertaining a writ petition also cited by the

petitioner, I find that a part of cause of action has accrued

within the territorial jurisdiction of this Court when the

petitioner was deprived of certain financial benefit and that

his scope for promotion may also have been affected due to

the evaluation that took place in Chennai while the

petitioner was posted thereat. As to whether the petitioner

has actually suffered due to the evaluation is an issue to

be considered on merit.

I am, prima facie, satisfied that this Court has the

territorial jurisdiction in receiving, trying and determining

the writ petition.

The writ petition requires to be heard after

affording the respondents an opportunity to disclose their

stand on affidavits. There is also no scope of passing any

interim order.

Let affidavit-in-opposition be filed within eight

weeks from date. Reply, if any thereto, may be filed within

three weeks thereafter.

Liberty to mention for inclusion in the list under

the heading "Hearing" after expiry of fifteen weeks.

(Arindam Mukherjee, J.)