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.

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 travelled to Vadodara to carry out the pending order work of respondent No.4. Thereafter, they regularly carried out the inspection and intimated the progress to respondent No.4 and they had even inspected M/s. Bagpoly International Private Limited. Then, a letter from the office of Director Food & Civil Supplies, Punjab was circulated to stop further action on inspection. Thereafter, the tender was allotted to M/s. Shivalik Agro Parwanoo, M/s. Climax Synthetic Pvt. Ltd Vadodara, M/s Bagpoly International Private Limited, Karnal and M/s. Bagpoly International, Karnal for PUNSUP. On 03-12-2023, the Tarpaulins allocation was conducted by respondent No.4 and the same was communicated to the petitioners, as the tenderers' supply order inspection was done on 02.12.2023 and it was required to be dispatched as per the terms and conditions of the tender. So, on 03.12.2023, the allocations were dropped on Whatsapp number of the petitioners through dealing clerk Vishwash Singh. The petitioners requested respondent No.4 to orally provide the order of inspection, however, respondent No.4 stated that the same would be available after the signature of respondent No.3 and stated that the same was still pending but due to urgency involved, the inspection work was carried out immediately otherwise Khariff season may be disturbed which was required to be maintained for proper upkeep and maintaining the Paddy stock in the milling and for this reason, respondent No.3, chargesheeted the petitioners. Hence, the present writ petition has been filed impugning the said charge-sheets issued to the petitioners.

3. Learned counsel for the petitioners submit that no show-cause notice has been issued to the petitioners and without affording any opportunity of hearing, the petitioners have been charge-sheeted by respondent No.3, which is against the principles of natural justice. He has placed reliance on the judgment of Madhya Pradesh High Court in "Nikhat Khan v. State of M.P. and others", 2020(3) M.P.L.J. 422.

4. Per contra, learned counsel for the respondents who have caused appearance on the strength of advance copy served upon them, have opposed the submissions made by learned counsel for the petitioners on the ground that the charge-sheet has rightly been served upon the petitioners and the petitioners have approached this Court at the very initial stage and without even responding to the charge-sheets.

5. I have heard learned counsel for the parties and perused the record.

6. A perusal of the charge-sheet dated 30.01.2024 (Annexure P-1 Colly.) would show that the same has been issued on account of the negligence committed by the petitioners while performing their duties. The allegations against the petitioners are as under:-

"List of Allegation against Mr. Sarabjeet Singh, M