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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Arup Das Mohanta - Appellant
Versus
Union of India - Respondent
W.P. (C) 2433 of 2021, CM Appls. 7077-78 of 2021
Decided On : 22-02-2021
| 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 stated in the charge sheet at page 25 make out a case of violation of the BSF Act. There is also no legal bar to the filing of the charge sheet.
5. Though the allegation of bias has been made in the writ petition, yet no one has been arrayed either by name or in personal capacity. Consequently, the said allegation cannot be taken into account.
6. Pendency of W.P.(C) 8174/2020 is immaterial as it deals with an entirely different legal issue, namely, conflict between regulation 392(1) and Section 153 of Army Act i.e. whether a person can be arrested before the sentence imposed by SGCM has been confirmed.
7. Accordingly, the present writ petition and applications being bereft of merit are dismissed.
8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
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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