“Writ petition generally does not lie against a charge-sheet unless issued by an incompetent authority” States Rajasthan High Court.
Case Title: Laxman Singh Gurjar V. Rajasthan SRTC. And Ors.
Case No: S.B Civil Writ Petition NO. 6611/2011
Decided on: 19th October, 2023
CORAM: Mr. Justice Anoop Kumar Dhand
Facts of the Case
Laxman Singh Gurjar of Village Bhandarej contested a charge sheet dated 22.02.2011, alleging that he had allowed passengers to board without tickets. The petitioner argues that the charge was brought against him intentionally in an attempt to ruin his career.
Legal Provisions
Union of India and Ors. Vs. K.K. Dhaka (1993) 2 SCC 56 case is cited by the court to highlight the rules regulating disciplinary measures against public servants. It makes reference to the Supreme Court’s position that disciplinary actions may be taken even in situations involving judicial or quasi-judicial duties.
Issues
The primary legal issues revolve around the validity of the charge-sheet, the presence of conclusive evidence, and whether the court should intervene in disciplinary matters initiated by the employer?
Courts Analysis and Decision
After weighing the arguments made by both party, Justice Anoop Kumar Dhand accepts the accusation against Laxman Singh Gurjar. The petitioner must file a defense during the disciplinary procedures, the court notes, even if it cannot serve as an inquiry officer or disciplinary authority. The court dismisses the notion of meddling lightly with a charge sheet, citing prior cases such as State of Orissa v. Sangram Keshari Misra and Union of India vs. K.K. Dhawan. It emphasizes that unless it is issued by an incompetent authority, a writ petition usually does not lie against a charge sheet. In the end, the writ petition is dismissed by the court, enabling the petitioner to offer his defense in the disciplinary hearing. The ruling emphasizes that the employee should wait for the case to be resolved before requesting early intervention from the court.
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Written by- Komal Goswami