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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PRAVEER BHATNAGAR
Surendra Singh S/o Harphool Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
PRAVEER BHATNAGAR, J.
1. The present writ petition has been preferred under Article 226 of the Constitution of India, seeking following reliefs:
“(i) By an appropriate writ, order or direction the impugned termination order dated 21/2/09 and impugned order dated 10/8/09, 11/5/10 & 24/8/11, passed by the respondents be quashed and set aside, and further pleased to direct the respondents to reinstate the petitioner back on the post of constable (G.D.) with all consequential benefits.
(ii) Any other appropriate order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the humble petitioner in the interest of justice.
(iii) Cost of the writ petition may also kindly be awarded in favour of the petitioner.”
2. Briefly stated, the petitioner was selected and appointed to the post of Constable (GD) in the Central Reserve Police Force pursuant to a recruitment advertisement. During the course of his service, a show cause notice dated 13.08.2008 (Annexure-1) was issued against the petitioner alleging non-disclosure of involvement in a criminal case, against which the petitioner submitted his repl
Point of Law : Territorial jurisdiction - Prior to Constitutional (Fifteenth Amendment Act, 1963, concept of cause of action was alien for adjudication of disputes by High Court under Article 226 of ....
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
A termination order issued during a probation period, without any misconduct or disciplinary proceedings, is not stigmatic or punitive and does not require a regular inquiry or a reasonable opportuni....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
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