1. Disciplinary proceedings — Charge sheet issued by allegedly incompetent authority — Challenge under Rule 16, CCA Rules. (Para 3 , 4 , 5 )
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2025 Supreme(Online)(Raj) 17608
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Rekha Borana, J
Mukesh Kumar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 13452/2025
Important Points
A charge sheet is void and must be quashed if issued by an authority not competent under the applicable service rules (specifically Rule 15(1) of the Rajasthan Civil Services CCA Rules, 1958), and such a jurisdictional error overrides the plea of alternate remedy.
Subject
Service Law - Disciplinary Proceedings
Act Referred
Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958: R.15(1), R.16, R.16(2)
Rajasthan Municipalities Act, 2009: S.335
Rajasthan Municipalities Act, 2009: S.335
Headnote
(A) Disciplinary Proceedings - Competency of Authority - Issuance of a charge sheet by an officer who is neither the Head of the Department nor a person empowered under Rule 15(1) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, renders the proceedings vitiated and liable to be quashed. (Para 5, 9)
(B) Alternate Remedy - Stage of Proceedings - The availability of a statutory appeal under Section 335 of the Rajasthan Municipalities Act, 2009, is not a bar to a writ petition when the challenge is against a charge sheet and no final order of punishment has yet been passed. (Para 10)
Issues: Whether the charge sheet issued by the Executive Officer was legally sustainable given the competency requirements under Rule 15(1) of the CCA Rules, 1958.
(B) Alternate Remedy - Stage of Proceedings - The availability of a statutory appeal under Section 335 of the Rajasthan Municipalities Act, 2009, is not a bar to a writ petition when the challenge is against a charge sheet and no final order of punishment has yet been passed. (Para 10)
Issues: Whether the charge sheet issued by the Executive Officer was legally sustainable given the competency requirements under Rule 15(1) of the CCA Rules, 1958.
Legal Category Hierarchy
- administrative law
- practice and procedure
Advocates:
For the Appellants/Petitioners: Mudit Nagpal
For the Respondents: Monal Chugh, Rajesh Panwar
For the Appellants/Petitioners: Mudit Nagpal
For the Respondents: Monal Chugh, Rajesh Panwar
Table of Contents
2. Petitioner: Charge sheet by incompetent authority. Respondent: Alternate remedy of appeal available. (Para 4 , 5 , 6 , 7 )
3. Executive Officer not the Head of Department nor delegated authority under Rule 15(1) — Charge sheet incompetent. (Para 9 , 10 )
4. Charge sheet by authority not competent under Rule 15(1) read with Rule 16(2) of CCA Rules is void. (Para 9 , 10 )
5. Writ petition partly allowed — Charge sheet quashed — Liberty to initiate fresh proceedings. (Para 11 , 13 )
6. Can a charge sheet be quashed if issued by an incompetent authority under the CCA Rules?
Yes, a charge sheet issued by an authority not competent under Rule 15(1) read with Rule 16(2) of the CCA Rules is void and liable to be quashed. (Para 5 , 9 , 10 )
7. Is an alternate remedy a bar to a writ petition challenging a charge sheet?
No, where no order of punishment has been passed that can be assailed under the statutory appeal provision, the alternate remedy ground is not tenable. (Para 10 )
Order
1. The present writ petition was listed on 08.08.2025 and the petition was allowed by a verbal order.
2. However, while dictating the order in the chamber, the Court thought it appropriate to get the query regarding Rule 15 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the `Rules of 1958') clarified. Therefore, the matter was directed to be listed in the ‘to be mentioned’ category and hence, the matter has been listed today.
3. The present petition has been filed with the following prayers:
(i) The Memorandum of Charges as well as the Charge sheet dated 23.04.2025 (Annex-8), issued by respondent no. 4 an all consequential proceedings initiate thereafter, may kindly be declared illegal and the same may kindly be quashed and set aside.
(ii) The initiation of disciplinary inquiry against the petitioner under Rule 16 of the Rajasthan Civil Services (CCA) Rules, 1958 issued by respondent no. 4 may kindly be declared illegal and the same may kindly be quashed and set aside.
(iii) The inspection report dated 22.04.2025 (Annex-7), may kindly be declared illegal and the same may kindly be quashed and set aside.
(iv) Any other writ or direction that may be deemed fit, just and proper in the facts and circumstances of the case may kindly be issue in favour of the petitioners.
(v) Costs may kindly be awarded.
4. Counsel for the petitioner raised the sole ground that charge sheet dated 23.04.2025 (Annex.8) has been issued by an incompetent Authority and hence, the disciplinary proceedings initiated vide the said charge sheet stand vitiated.
5. Counsel submits that as per Rule 16 (2) of the Rules of 1958 the charges are essentially to be framed by the disciplinary authority. The disciplinary authority in terms of Rule 15 (1) of the Rules of 1958 shall either be the head of the Department or the person empowered by the Head of the Department with the approval of the Government. Herein, the Executive Officer not being the Head of the Department or the person empowered, is not an authority competent to frame/issue charge sheet in terms of Rule 16 (2) of the Rules of 1958.
6. Learned counsel for the respondents is not in a position to refute the fact that the Executive Officer is neither the Head of the Department nor the person delegated the power or authority in terms of Rule 15(1) of the Rules of 1958.
7. He further submits that an alternate remedy of an appeal in terms of Section 335 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as the Act of 2009’) is available to the petitioner and hence, the present petition ought to be dismissed on this count alone.
8. Heard the Counsels. Perused the record.
9. In view of the admitted position that the Executive Officer of the Municipality is not a competent authority in terms of Rule 15(1) of the Rules of 1958 qua the officer of subordinate ministerial services, the charge-sheet dated 23.04.2025 (Annex.8) is clearly issued by an incompetent authority. The same therefore deserves to be and is hereby quashed and set aside.
10. So far as the availability of an alternate remedy is concerned, evidently, the proceedings in question have been sought to be conducted in terms of Rule 16 of the Rules of 1958 and as there is no order of punishment yet been passed which can be assailed in terms of Section 335(4) of the Act of 2009, the said ground also therefore cannot be said to be tenable. Charge sheet dated 23.04.2025 (Annex.8) having been passed by an incompetent authority is hereby quashed and set aside.
11. However, the respondents shall be at liberty to initiate fresh disciplinary proceedings against the petitioner in accordance with law.
12. So far as inspection report dated 22.04.2025 (Annexure-7) is concerned, the petitioner would definitely have an option to defend the same, if any fresh disciplinary proceeding is initiated against him. The Court does not find any ground to interfere with the said inspectio
