ANIL SHUKLA Vs. NATIONAL COUNCIL FOR TEACHER EDUCATION

JUDGEMENT

(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 SCC 217, which reads as under:

(3.) He relies on judgment passed in Kusam Ingots & Alloys Ltd. Vs. Union of India & Another, 2004 6 SCC 254, wherein the Court observed as under: