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NAMIT KUMAR
Sarabjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
The petitioners have invoked the jurisdiction of this Court by filing the present petition under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the memorandum of charge-sheet, article of charges dated 30.01.2024 (Annexure P-1), which have been issued without issuing any show cause notice to the petitioners and without affording any opportunity of hearing.
2. Brief facts of the case, as have been pleaded in the petition, are that petitioner No.1, is working on the post of Manager Storage, petitioner No.2 is working as Inspector Grade 2, petitioner No.3 is working as Field Officer and petitioner No.4 is working as Inspector Grade 2 in Punjab State Civil Supplies Corporation Limited (hereinafter referred as 'PUNSUP') and for the procurement of Khariff Season 2023-24, PUNGRAIN being the Nodal Agency had floated tender for the purchase of LDPE Black Polythene Tarpaulins to cover Paddy in various destination points at Milling Centres/Shellers. On 02.12.2023, respondent No.4 - General Manager (Storage) & (Commercial), Chandigarh, instructed petitioners No.1 and 2 to inspect M/s. Climax Synthetic and they immediately tr
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.
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....
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.
Limited scope of interference in departmental charge-sheet cases under Article 226.
Unexplained delay in initiating disciplinary proceedings and vague charges can lead to quashing of the charge sheet, as it would be unfair and cause prejudice to the accused.
The approval of the charge-sheet by the competent authority and the deemed service of the show cause notice are crucial in departmental inquiries.
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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