A charge memo can only be challenged on limited grounds, and judicial review is confined to the decision-making process. A writ petition challenging a charge sheet is not maintainable unless it infringes the rights of the party or is wholly without jurisdiction.

The relief sought for in this writ petition is to call for the records in relation to the charge memo dated 23.1.2017 and the show cause notice dated 6.1.2017 and quash these orders.

2. The writ petitioner joined in the Tamil Nadu Minerals Limited as a Project Officer in the year 1984 and presently, he is working as Manager (Production 1) at the Corporate Office of the respondent. The writ petitioner attained the age of superannuation and retired from service on 31.1.2017 and when he was working at Melur, Madurai District as Divisional Manager (Production 1), from 16.6.2001 to 19.6.2006, there were certain allegations. On account of such allegations, a charge memo was issued to the writ petitioner by the respondent in proceedings dated 23.1.2017. The charges against the writ petitioner are as under:-

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3. On a perusal of the charge memo, this Court is of an opinion that there is no infirmity, as such, and the details of the allegations are set out in the impugned charge memo. Instead of submitting explanation/objection, the writ petitioner has chosen to file the present writ petition, challenging the charge memo as well as the show cause notice issued in proceedings dated 6.1.2017. The proceedings dated 6.1.2017 is a memo issued to the writ petitioner, requesting him to submit his explanation in respect of the allegations set out in the memo. However, in proceedings dated 23.1.2017, a charge memo was issued to him setting out the charges.

4. This Court is of an opinion that the writ petitioner has to prove his innocence or otherwise before the enquiry proceedings to be conducted by the Disciplinary Authority. Contrarily, he cannot challenge the charge memo on flimsy grounds.

5. The main ground raised in the writ petition is that there is an inordinate delay of more than ten years in respect of framing of the charges. Further, it is contended that the impugned charge memo does not disclose any specific allegation of any charges warranting a major penalty. Further, the Legal Commissioner's report does not disclose any irregularity during the period in which the writ petitioner was working at Melur Taluk, Madurai District.

6. The other grounds raised in relation to the facts and merits of the case, cannot be considered by this Court in this writ petition in view of the fact that the present writ petition has been filed challenging the very charge memo. All such grounds raised in the writ petition have to be adjudicated before the competent authority at the time of conduct of enquiry.

7. On a perusal of the allegations, this Court is of an opinion that pursuant to the appointment of a Commissioner Thiru U.Sagayam, I.A.S., to probe into the illegal mining activities, the charges are framed against the writ petitioner. As the allegations are very serious and in relation to the illegal mining and causing huge financial loss to the State running to several crores, this Court is not inclined to consider the grounds raised by the writ petitioner in this regard. An enquiry was conducted in detail by Thiru.U.Sagayam, I.A.S., and to submit a detailed report for further actions. Based on the report submitted by the Commissioner, actions were initiated against the writ petitioner. Thus the writ petitioner is at liberty to establish his innocence or otherwise before the competent authority at the time of conducting enquiry.

8. Therefore, this Court is of an opinion that there is no infirmity in the charge memorandum framed against the writ petitioner. A charge memo can be challenged on a limited ground and a judicial review against the charge memo is certainly limited. A charge memo can be challenged on limited grounds and the Court can entertain a writ petition on exceptional circumstances. A charge memo can be challenged if the same was issued by an incompetent authority having no jurisdiction, an allegation of mala fides is raised if the same is in violation of statutory rules. Even in case of raising the allegation of mala fides, th