Ashwani Kumar v. Union of India and Ors. - (Central Administrative Tribunal) (13 Feb 2017)

A charge-sheet or show cause notice, issued in course of disciplinary proceedings, cannot ordinarily be quashed by Court

MANU/CA/0176/2017

Service

Applicant has assailed memorandum of charges and order whereby Respondents have not considered grant of medical leave from 21st March, 2014 to 10th April, 2014. Applicant who was working as Lower Division Clerk with Respondent department was served with impugned charge sheet under Rule 16 of CCS (CCA) Rules, 1965 for absent from duty. Thereafter, applicant submitted his reply. Now, the applicant has approached this Court by filing present O.A. with a prayer that impugned charge sheet be quashed on the ground of delay in concluding the departmental proceedings. Applicant has also alleged malice against respondent No. 3 on whose instance, he has been served with the present charge sheet.

Ordinarily, a writ application does not lie against a charge sheet or show cause notice for the reason that it does not give rise to any cause of action. It does not amount to an adverse order which affects the right of any party unless the same has been issued by a person having no jurisdiction/competence to do so. A writ lies when some right of a party is infringed. In fact, charge sheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed; it may have a grievance and cause of action. Thus, a charge-sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the Court.

Court/Tribunal should not generally set aside the departmental enquiry, and quash the charges on the ground of delay in initiation of disciplinary proceedings, as such a power is dehors the limitation of judicial review. In the event that the Court/Tribunal exercises such power, it exceeds its power of judicial review at the very threshold. Therefore, a charge-sheet or show cause notice, issued in the course of disciplinary proceedings, cannot ordinarily be quashed by court. The same principle is applicable in relation to there being a delay in conclusion of disciplinary proceedings. The facts and circumstances of the case in question, must be carefully examined, taking into consideration the gravity/magnitude of charges involved therein.

Delay in concluding the departmental proceedings will not always fatal or compel to quash charge sheet. It depends upon the facts and circumstances of each case. Applicant was served with memorandum of charges on 30th May, 2014 to which he also submitted reply in the month of June, 2014. Thereafter, matter was pending for adjudication with Respondents. Though charge sheet pertains to minor charge but Applicant fails to show any prejudice caused to him during pendency of charge sheet, therefore, charge-sheet cannot be quashed. Applicant has already submitted reply to charge sheet, therefore, in interest of justice and to fair play, Respondents are directed to conclude departmental proceedings within a period of three months from the date of receipt of a certified copy of this order.

Relevant : State of Punjab & Ors. Vs. Chaman Lal Goyal MANU/SC/0628/1995: (1995) 2 SCC 570), State of Andhra Pradesh versus N. Radhakishan MANU/SC/0278/1998: 1998 (3) SC Page 123), Secretary, Forest Department & Ors. Vs. Abdur Rasul Chowdhury, MANU/SC/0761/2009: 2009 (7) SCC 305

Tags : CHARGE PROCEEDINGS DELAY