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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Arup Das Mohanta – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to charge sheet based on existing proceedings. (Para 2) |
| 2. allegations of bias and targeting by higher officers. (Para 3) |
| 3. lack of merit in allegations and legal validity of the charge sheet. (Para 4 , 5 , 6) |
| 4. dismissal of petition and order to upload. (Para 7 , 8) |
JUDGMENT
Manmohan, J. (Oral):--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the charge sheet dated 09th September, 2020 issued by the Respondents on the ground that the impugned proceedings have been started by the Respondent when another matter/proceeding is already pending before this Court in Writ Petition being WP(C) No.8174 of 2020.
3. Learned Counsel for the Petitioner submits that the Respondents have issued the impugned charge sheet as they are biased against the Petitioner and the Respondents have already punished the Petitioner with 89 days R.I. against which Petitioner has filed the Writ Petition No.8174 of 2020 and matter is still pending. He further submits that the Petitioner is being targeted by higher officers in the name of discipline.
4. Having perused the paper book, this Court finds that the allegations
The validity of a charge sheet under the BSF Act is not affected by unrelated pending matters or unsubstantiated allegations of bias.
Timely adjudication of statutory petitions under the BSF Act is essential for ensuring due process and protecting the rights of personnel.
Disciplinary action can be taken against officers for misconduct reflecting on integrity, regardless of their judicial functions, and the correctness of charges cannot be examined in writ jurisdictio....
Point of Law : Mere fact of non-supply of documents to a delinquent, perse,may not constitute a procedural infirmity unless it is able to be shown that such non supply had caused prejudice to the del....
A charge-sheet cannot be quashed merely because it is based on the same facts as an FIR; the validity of the charge-sheet is determined by the disciplinary authority.
The veracity of charges in a charge-sheet is the domain of the disciplinary authority, and a writ petition is generally not maintainable against a charge-sheet.
The main legal point established in the judgment is that a writ petition may be premature and not maintainable if the petitioner fails to exhaust the proper remedy available under the law before appr....
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