Calcutta High Court (Appellete Side)
Sunil Kumar Ojha vs Union Of India & Others on 8 May, 2013
Author: Tapen Sen
Bench: Tapen Sen
1
08/05/2013
(AB) 14
W. P. 9133 (W) of 2013
Sunil Kumar Ojha
Vs
Union of India & Others
Mr. Tulsidas Ray,
Mr. Himangshu Ghosh
... For the Petitioner.
Mr. Ashim Kr. Ganguly
... For the Union of India.
Heard the learned Counsel for the Petitioner and the learned
Counsel for the Respondents.
The learned Counsel for the Respondents raises a preliminary objection with regard to the maintainability of the Writ Petition stating that the Respondents are all Officers at Guwahati in the State of Assam and, therefore, this Court has no territorial jurisdiction.
However, this Court notices, upon a perusal of Page 26 that the written examinations etc. were all conducted within the State of West Bengal and in that written examination, it was found that the Petitioner had adopted unfair means, as a result whereof action had been taken against the Petitioner.
The allegations are that the Petitioner had resorted to giving the examinations through a proxy candidate and he was caught cheating by using unfair means.
2
Considering the aforementioned facts, this Court, exercising jurisdiction under Article 226 of the Constitution of India, will not enter into the disputed questions of facts since the learned Counsel for the Petitioner alleges that such a reason given is not correct and that there was no question of written examinations after oral examinations.
Be that as it may, these are all questions of fact, which cannot be decided in this Writ Petition.
The Writ Petition is, accordingly, dismissed. Urgent Photostat copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Tapen Sen, J.)