The court's decision emphasized the limited grounds for challenging a charge-sheet in departmental proceedings and the need for suspension orders to be based on the gravity of the alleged misconduct and the impact on the service.

Valmiki J. Mehta, J. (Oral):--

CM No. 1654/2015 (Exemption)

Exemption as prayed for is allowed subject to just exceptions.

The application stands disposed of.

W.P.(C) 943/2015

1. This writ petition under Article 226 of the Constitution of India is filed by the petitioner, who is an employee of the respondent No. 2/college, essentially, impugning the issuing of the charge-sheet dated 31.12.2014 and the suspension order of the same date.

2. Before I turn to the facts of the present case, it needs to be mentioned that a charge-sheet which is issued in departmental proceedings cannot be challenged at the initial stage except on the limited ground of lack of authority in the person/authority issuing the charge-sheet or such other fundamental ground. Merits of the matter have to be looked into by the departmental authorities and this Court at the stage only of issuing of charge sheet will not examine the factual aspects and merits of the matter which is in the realm of duties of the departmental authorities. In a way, a charge-sheet can be quashed, by applying in same manner the principles of Order VII Rule 11 of the Code of Civil Procedure, 1908 as per which a plaint is rejected only when the suit is barred by law or on the admitted facts the plaint does not disclose a legal cause of action.

3. I have had an occasion to examine the issue with respect to the jurisdiction of the courts to interfere with the charge-sheets in the case of Dr. Muhammad Iqbal v. Union of India & Ors. in W.P.(C) No. 4222/2013 decided on 8.7.2013. The relevant paras of this judgment read as under:-

“3. The Supreme Court in the case of State of Uttar Pradesh v. Brahm Datt Sharma and Anr. (1987) 2 SCC 179 has held the following in para 9 of its judgment:-

“9. The High Court was not justified in quashing the show cause notice. When a show cause notice is issued to a government servant under a statutory provision calling upon him to show cause, ordinarily the government servant must place his case before the authority concerned by showing cause and the courts should be reluctant to interfere with the notice at that stage unless the notice is shown to have been issued palpably without any authority of law. The purpose of issuing show cause notice is to afford opportunity of hearing to the government servant and once cause is shown it is open to the government to consider the matter in the light of the facts and submissions placed by the government servant and only thereafter a final decision in the matter could be taken. Interference by the court before that stage would be premature. The High Court in our opinion ought not have interfered with the show cause notice.” (underlining added)

A reference to the aforesaid para shows that truth or falsity of the allegations cannot be determined by a Court before whom enquiry proceedings are challenged at the outset and an entitlement to challenge the enquiry proceedings arises only when there is found lack of jurisdiction.

4. The Supreme Court in its recent judgment in the case of Secretary, Ministry of Defence and Ors. v. Prabhash Chandra Mirdha 2012 (11) SCC 565 has similarly so held by referring to various earlier judgments including the judgment in the case of Brahm Datt Sharma (supra). Paras 10 to 12 of the said judgment read as under:-

“10. Ordinarily a writ application does not lie against a chargesheet 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, chargesheet 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 chargesheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by th