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NAMIT KUMAR
Amritpal Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
The petitioners have filed the instant writ petition under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari, for quashing the Show Cause Notice Nos.4867 and 4873 dated 29.11.2022 (Annexure P-13 and P-14, respectively) and charge-sheet No.4890 dated 29.11.2022 (Annexure P-15) issued by respondent No.4, vide which the respondent - MARKFED has initiated disciplinary proceedings against the petitioners.
2. It is the case of the petitioners that they are working as Senior Branch Officer, Field Officer and Superintendent Grade-II in the office of respondent No.4. They have been issued show cause notices/charge-sheet dated 29.11.2022 (Annexure P-13 to P-15) regarding negligence in maintaining good health of the stocks stored under their custody at the various complexes in respect of crop year 2018-19 to 2020-21 and thus, the quality cut has been imposed and deducted by respondent No.2 - F.C.I. upon MARKFED and petitioners have been held responsible for the same, to the tune of Rs. 3,52,055/- and Rs. 4,39,376/-, respectively. The absorption of moisture in Wheat crop is beyond the control of the employees and
A writ petition cannot challenge a show cause notice or charge-sheet unless issued by an incompetent authority or with mala fide intent, as they do not constitute adverse orders.
A writ petition cannot be entertained against a mere show cause notice unless it is issued by an incompetent authority or with mala fide intent, as it does not constitute an adverse order affecting r....
A charge-sheet does not provide cause of action for a writ unless it is wholly without jurisdiction or illegal; principles of natural justice do not apply at this stage.
Charge-sheets can be valid if issued on the retirement date, even if served afterward; mere issuance does not impede a candidate's rights until an adverse order is made.
Interference with a charge-sheet can only be made on limited grounds, and the correctness of the charges cannot be examined at the stage of issuance of the charge-sheet.
Disciplinary proceedings cannot be quashed solely on the ground of delay; the severity of allegations must also be considered.
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 issuance of charge sheets or show-cause notices in departmental inquiries does not constitute an adverse order and thus does not provide grounds for judicial review.
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