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2022 Supreme(All) 335

MANJU RANI CHAUHAN
Pramod Kumar Shukla – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Satyam Pandey, Sr. Advocate
For the Respondent: Manas Bhargava

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The High Court generally refrains from interfering with disciplinary proceedings, including charge-sheets, unless they are wholly without jurisdiction or illegal. Such exceptional interference is rare and only justified in clear cases of illegality (!) (!) .

  2. The Court emphasizes that disciplinary inquiries and charge-sheets are part of a process that should be allowed to proceed without judicial interference, except where the charges are fundamentally unlawful or lack jurisdiction (!) (!) .

  3. The authority of the Lokayukta or Up-Lokayukta is primarily to recommend punishment; their orders are not final or binding on the disciplinary authority, and their recommendations do not warrant judicial review unless issued without jurisdiction (!) (!) .

  4. The Court recognizes that the order passed by the Lokayukta is a recommendation and cannot be challenged in a court of law unless it is shown to be without jurisdiction (!) (!) .

  5. The Court notes that a charge-sheet or show-cause notice, by itself, does not usually give rise to a cause of action for a writ petition unless it results in an adverse order affecting the rights of a party or is issued without jurisdiction (!) (!) .

  6. The Court has dismissed the writ petition challenging the charge-sheet, finding no illegality or infirmity in the order, and emphasizing that the disciplinary proceedings should be allowed to continue and be concluded in accordance with law (!) (!) .

  7. The Court underscores that judicial review is limited to examining whether proceedings are conducted within the scope of jurisdiction and legality, and not on the correctness of the charges or the merits of the case (!) (!) .

  8. It is also clarified that disciplinary proceedings, including the issuance of charge-sheets, are to be maintained unless they are wholly illegal or without jurisdiction, and courts should not interfere prematurely or based on the merits of the charges (!) (!) .

  9. The Court directs that the departmental inquiry against the petitioners should be initiated and concluded within a reasonable period, preferably within three months, ensuring adherence to legal procedures (!) .

These points collectively reflect the legal principles governing the scope of judicial review in disciplinary proceedings and the limited role courts should play in intervening in such matters unless fundamental illegality is established.


JUDGMENT :

1. Heard Mr. R.K. Ojha, Senior Advocate assisted by Mr. Satyam Pandey, learned counsel for the petitioners, Mr. Manas Bhargava, learned counsel for the respondent no.2 and Mr. Aseem Mukherjee, learned Standing Counsel for the State-respondents.

2. This writ petition has been filed by the petitioners with the following prayer:-

    "(A) Issue a writ, order or direction in nature of Certiorari quashing the impugned orders passed by the Lokayukt respondent no.2 dated 22.09.2021 (Annexure no.5 to this writ petition) and the charge sheet issued by the Additional Deputy Commissioner of Police, Headquarter Commissionerate, Kanpur Nagar respondent no.4 dated 22.01.2022 (Annexure no.6 to this writ petition).

(B) Issue a writ, order or direction in the nature of mandamus commanding and directing for restraining the respondent not to proceed in pursuance of the charge sheet dated 22.01.2022 issued on the basis of the order of the Lokayukt dated 2.09.2021.

(C) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authority to not interfere in the peaceful working of the petitioners."

3. Learned counsel for the petitioners submits that the petitio

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                  Judicial Analysis

                  None of the listed cases explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. All the cases appear to be foundational or procedural rulings without any indication of subsequent negative treatment based on the provided information.

                  [Followed / Affirmed / Consistent Treatment]

                  None of the cases explicitly state they have been followed or affirmed in subsequent rulings. The language is procedural and general, suggesting they are still valid principles.

                  [Distinguished / Clarified / Narrowed]

                  None of the cases explicitly mention being distinguished or narrowed in subsequent decisions.

                  [Legal Principles / Clarifications]

                  <00100008506>: This case emphasizes that a writ petition challenging a show cause notice should not be entertained unless the High Court is satisfied that the notice is totally non-est in the eyes of law due to lack of jurisdiction. This sets a procedural standard for entertaining such petitions.

                  <00100051814>: States that a charge sheet should not be quashed routinely and that writs do not lie against a charge sheet or show cause notice, reinforcing procedural boundaries.

                  <00100040014>: Similar to the previous, it states that no writ generally lies against a charge sheet or show cause notice unless it is wholly without jurisdiction or illegal, emphasizing the importance of jurisdiction and legality.

                  <00100000290>: Clarifies that an Administrative Tribunal has no power under Judicial Review to quash suspension orders and charges when disciplinary proceedings and criminal prosecutions are pending, delineating the limits of judicial review in disciplinary matters.

                  None of the cases have ambiguous or unclear treatment based on the provided information. All are presented as procedural principles without references to subsequent judicial treatment or overruling.

                  **Source :** Special Director VS Mohd. Ghulam Ghouse - Supreme Court Union Of India VS Upendra Singh - Supreme Court Executive Engineer, Bihar State Housing Board VS Ramesh Kumar Singh - Supreme Court State of Orissa VS Sangram Keshari Misra - Supreme Court State Of U. P. VS Brahm Datt Sharma - Supreme Court Secretary, Min of Defence VS Prabhash Chandra Mirdha - Supreme Court Union of India VS Kunisetty Satyanarayana - Supreme Court Secretary To Government, Prohibition And Excise Department VS L. Srinivasan - Supreme Court Hanuman Prasad VS Iiird Additional District Judge - Supreme Court

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