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2017 Supreme(Raj) 1269

SANJEEV PRAKASH SHARMA
Anil Shukla Son of Late Shri C. L. Shukla – Appellant
Versus
National Council for Teacher Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Saransh Sain
For the Respondents: Mr. A.K.Sharma, Sr.Counsel with Mr. Ashish Sharma

JUDGMENT & ORDER :

1. A preliminary objection has been raised by the respondents relating to maintainability of the writ petition in terms of the Article 226(2) of the Constitution of India. The respondents state that the charge sheet issued to the petitioner vide memorandum dated 20th December, 2016 was issued from the office of National Council of Teachers Education, New Delhi. The petitioner at the time of issuing charge sheet was holding the post of Deputy Secretary of NCTE, Hans Bhawan New Delhi. The contents of the charge sheet relate to submission of false and fraudulent claim of past service as Principal by the petitioner. Thus, it is submitted that the jurisdiction of this Court does not lie to examine the said memorandum issued by the Chair person, NCTE at New Delhi.

2. Learned Sr. Counsel submits that law relating to territorial jurisdiction has been settled in the case of State of Rajasthan & ors. Vs. M/s Swaika Properties and Anr.- 1985(3)SCC217, which reads as under:

“7. Upon these facts , we are satisfied that the cause of action neither wholly nor in part arose within the territorial limits of the Calcutta High Court and therefore the learned Single Judge had no jurisd


































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