1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04[CASE NUMBER]07[CASE NUMBER]2019 CORAM THE HONOURABLE MR[CASE NUMBER]JUSTICE [ENTITY] [CASE NUMBER] and [CASE NUMBER] [ENTITY] Petitioner Vs 1[CASE NUMBER]The [ENTITY][CASE NUMBER] 2[CASE NUMBER]The [ENTITY][CASE NUMBER] Respondents PRAYER: Writ Petition filed under [SECTION] of the [ACT], praying this Court to issue a Writ of Certiorari, calling for the records of the 1 st respondent in connection with the impugned charge memo issued by him in Memo R[CASE NUMBER]No[CASE NUMBER] 0742/A1/2014 dated 30[CASE NUMBER]10[CASE NUMBER]2015 and quash the same[CASE NUMBER] For Petitioner : Mr[CASE NUMBER][ENTITY] For Respondents : Mr[CASE NUMBER][ENTITY] Additional Government Pleader ORDER
The charges issued under [SECTION] of the [ACT] in proceedings dated 30[CASE NUMBER]10[CASE NUMBER]2015 is under challenge[CASE NUMBER] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
2[CASE NUMBER]The learned counsel appearing on behalf of the writ petitioner states that during the relevant point of time he was holding the post of Junior Assistant in the Transport Department[CASE NUMBER] On account of certain allegations, a charge memo was issued against the writ petitioner in proceedings dated 30[CASE NUMBER]10[CASE NUMBER]2015 and the charges against the writ petitioner is extracted hereunder:-
GJf;Nfhl;il tl;lhug; Nghf;Ftuj;J mYtyfj;jpy; 30-11-2010 md;W khiy 17[CASE NUMBER]15 kzpapypUe;J ,uT 23[CASE NUMBER]20 kzp tiuapy; GJf;Nfhl;il khtl;l Ma;Tf;FO mYtyHfs; GJf;Nfhl;il Coy; jLg;G kw;Wk; fz;fhzpg;G gphpT Ma;thsH kw;Wk; FotpdH cjtpAld; jpBH Ma;T Nkw;nfhz;lNghJ 30[CASE NUMBER]11[CASE NUMBER]2010 md;iwa jpdk; Gjf;Nfhl;il tl;lhug; Nghf;Ftuj;J mYtyfj;jpy; ,sepiy cjtpahsuhf gzpahw;wpa jpU j[CASE NUMBER]KUNfrd; jd; nrhe;j gzk; &[CASE NUMBER]330/- ,Ug;G itj;jpUe;jJ gw;wpa Koikahd tptuj;ij nrd;id> Nghf;Ftuj;J MizaH mYtyf Rw;wwpf;if vz;[CASE NUMBER]31/2010 e[CASE NUMBER]f[CASE NUMBER]vz;[CASE NUMBER]51845/VA1/2010 ehs; 25[CASE NUMBER]08[CASE NUMBER]2010d; gb GJf;Nfhl;il tl;lhug; Nghf;Ftuj;J mYtyfj;jpy; guhkhpf;fg;gl;l rpwg;G gjpNtl;by; gjpT nra;ahky; jkJ iftrk; itj;jpUe;Js;shH[CASE NUMBER]
3[CASE NUMBER] Annexure-2 provides the imputation of misconduct or misbehaviour and Annexure-3 provides the list of documents relied upon by the Department for the purpose of establishing the charges[CASE NUMBER] Annexure 4 provides the list of witnesses[CASE NUMBER] It is pertinent to note that 27 documents referred in the list of documents to establish the charges framed against the writ petitioner[CASE NUMBER] 8 witnesses were cited for examination[CASE NUMBER] Under these circumstances, there is no infirmity as such in respect of the charges framed against the writ petitioner[CASE NUMBER]
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4[CASE NUMBER] The learned counsel for the writ petitioner states that there was a delay in framing charges and on that ground the writ petition is liable to be considered[CASE NUMBER] It is further contended that there is no allegation of acceptance of illegal gratification or otherwise[CASE NUMBER] The allegations are broadly in connection with the dereliction of duty, wherein, the writ petitioner is failed to enter the personal cash amount in the register maintained in the office[CASE NUMBER] Thus, for dereliction of duty, charges under [SECTION] is un-warranted[CASE NUMBER] The learned counsel for the petitioner states that as per the Government guidelines, for such minor lapses [SECTION] of the [ACT] is to be framed and certainly not under [SECTION] of the [ACT][CASE NUMBER]
5[CASE NUMBER]The learned Additional Government Pleader appearing on behalf of the respondents disputed the contentions by stating that the allegations against the writ petitioner are serious in nature[CASE NUMBER] The writ petitioner was possessing an excess cash amount in his custody and that was seized by the competent authorities[CASE NUMBER] Thus, a detailed enquiry in respect of these allegations are required[CASE NUMBER] The allegations are in connection with corrupt activities and therefore, a detailed enquiry is to be conducted[CASE NUMBER] In this regard, it is categorically stated in the counter filed by the first respondent as under:-
The appropriate investigation authority of Government namely Vigilance and Anti-Corruption, Pudukkottai has conducted a http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in surprise check on 30[CASE NUMBER]11[CASE NUMBER]2010 at office of the Regional Transport Office, Pudukkottai around 17[CASE NUMBER]15 hrs along with District Cell Inspection Officer[CASE NUMBER] Consequent to this an investigation on certain allegations against [ENTITY] formerly Motor Vehicle Inspector Grade-I Regional Transport Office, Pudukkottai and now Regional Transport Officer, Sangagiri and others were conducted[CASE NUMBER] The petitioner has been arrayed as Sl[CASE NUMBER]No[CASE NUMBER]2 of the said investigation[CASE NUMBER] The report of the Investigating Authority (DVAC) was forwarded to the Government and the Government in G[CASE NUMBER]O[CASE NUMBER](2D) No[CASE NUMBER] 271 Home (Tr-II) Department, dated 08[CASE NUMBER]07[CASE NUMBER]2013 ordered enquiry for the substantiated allegations against the petitioner[CASE NUMBER] Subsequently the 1st respondent was directed by the 2nd respondent to frame the charges against the petitioner in [CASE NUMBER][CASE NUMBER][CASE NUMBER] dated 03[CASE NUMBER]07[CASE NUMBER]2014 as per Chapter III Paragraph 7 of Hand Book on Disciplinary proceedings[CASE NUMBER] It is submitted that the 1st respondent after followed the procedures as laid down under [ACT] has framed the following charges[CASE NUMBER]
that the said [ENTITY] son of [ENTITY], formerly Junior Assistant, Regional Transport Office, Pudukkottai now working as Assistant at Pethikuppam Transport Department check post on 30[CASE NUMBER]11[CASE NUMBER]2010 between 17[CASE NUMBER]15 hrs and 23[CASE NUMBER]20 hrs (i[CASE NUMBER]e[CASE NUMBER]) during the surprise inspection by Pudukkottai Vigilance and Anti Corruption and District Inspector Cell had committed the following irregularities[CASE NUMBER]
GJf;Nfhl;il tl;lhu Nghf;Ftuj;J mYtyfj;jpy; 30-11-2010 md;W khiy 17[CASE NUMBER]15 kzpapypUe;J ,uT 23[CASE NUMBER]20 kzp tiuapy; GJf;Nfhl;il khtl;l Ma;Tf;FO mYtyHfs; GJf;Nfhl;il Coy; jLg;G kw;Wk; fz;fhzpg;G gphpT Ma;thsH kw;Wk; FotpdH cjtpAld; jpBH Ma;T Nkw;nfhz;lNghJ 30[CASE NUMBER]11[CASE NUMBER]2010 md;iwa jpdk; Gjf;Nfhl;il tl;lhug; Nghf;Ftuj;J mYtyfj;jpy; ,sepiy cjtpahsuhf gzpahw;wpa jpU http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in j[CASE NUMBER]KUNfrd; jd; nrhe;j gzk; &[CASE NUMBER]330/- ,Ug;G itj;jpUe;jJ gw;wpa Koikahd tptuj;ij nrd;id> Nghf;Ftuj;J MizaH mYtyf Rw;wwpf;if vz;[CASE NUMBER]31/2010 e[CASE NUMBER]f[CASE NUMBER]vz;[CASE NUMBER]51845/VA1/2010 ehs; 25[CASE NUMBER]08[CASE NUMBER]2010d; gb Gjf;Nfhl;il tl;lhug; Nghf;Ftuj;J mYtyfj;jpy; guhkhpf;fg;gl;l rpwg;G gjpNtl;by; gjpT nra;ahky; jkJ iftrk; itj;jpUe;Js;shH[CASE NUMBER] As per the report of surprise check conducted by Pudukkottai District Vigilance and Anti Corruption team on 30[CASE NUMBER]11[CASE NUMBER]2010 between 17[CASE NUMBER]15 hrs and 23[CASE NUMBER]20 hrs it was clearly revealed that the Government servant violated the Government servant conduct rules as well as the statutory orders of the head of his department[CASE NUMBER] This shows the irresponsible attitude of the person concerned[CASE NUMBER]
Thus he had failed to maintain an absolute integrity and devotion to duty and unbecoming official misconduct of a Government Servant and thereby violated in [SECTION] of the [ACT][CASE NUMBER]
5[CASE NUMBER]The surprise check was conducted during the year 2010[CASE NUMBER] It is submitted that after receipt of the report from the investigating Authority by the Government, the orders for the initiation of Departmental Disciplinary Action against the petitioner was issued by the Government[CASE NUMBER] It is submitted that after receipt of the Government Orders the 2nd respondent has directed the 1st respondent to issue memo of Charge[CASE NUMBER] There is no lapse in framing the charges under [SECTION] of [ACT] to the petitioner[CASE NUMBER] It is further submitted that the petitioner being the subordinate to the 2nd respondent and it is bounden duty of the petitioner to adhere the circulars issued by the Head of Department from time to time[CASE NUMBER] It is submitted that the petitioner by violating the Transport Commissioner's Circular has no absolute integrity and devotion to duty and violated [SECTION] of [ACT][CASE NUMBER] The contention of this paragraph are denied[CASE NUMBER] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
6[CASE NUMBER] On a perusal of the averments set out in the counter affidavit, this Court is of the considered opinion that in respect of framing of charges under [SECTION] of the [ACT] deserves no interference by this Court[CASE NUMBER] This apart, guidelines issued in this regard are only instructions and cannot have any statutory force[CASE NUMBER] It is for the competent authorities to ascertain the nature of the allegations and accordingly framed charges[CASE NUMBER] In view of the facts and circumstances narrated in the counter affidavit, this Court is unable to form an opinion that the allegations set out in the charge memo is just a dereliction of duty[CASE NUMBER] Under these circumstances[CASE NUMBER] a detailed enquiry is certainly required[CASE NUMBER]
7[CASE NUMBER]In respect of the delay, this court is of the considered opinion that the allegations are in relation to certain corrupt activities in the transport office and the vigilance enquiries were conducted and for the purpose of ascertaining certain factual circumstances, the authorities took some time and the Vigilance and Anti Corruption also conducted an enquiry in this regard[CASE NUMBER] Thus, the delay cannot be attributed against the respondents and on account of distinct enquiry, there was a delay in institution of Disciplinary Proceedings against the writ petitioner[CASE NUMBER] Therefore, such delay cannot constitute a ground for quashing the charge memo[CASE NUMBER]
8[CASE NUMBER] Intermittent intervention in the disciplinary proceedings is not preferable[CASE NUMBER] However, only on exceptional circumstances, this Court can issue a http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in direction against the proceedings and not in a routine manner[CASE NUMBER] Mere issuance of a call letter to the writ petitioner, directing him to participate in the domestic enquiry will not give any cause of action to move this writ petition under [SECTION] of the [ACT][CASE NUMBER] Thus, the writ petition is absolutely misconceived and the grounds raised in this writ petition cannot be considered[CASE NUMBER]
9[CASE NUMBER] The Honourable Supreme Court of India in the case of [PRECEDENT] and the paragraph 6 which is extracted hereunder:
6[CASE NUMBER]In the case of charges framed in a disciplinary inquiry the tribunal or court can interfere only if on the charges framed (read with imputation or particulars of the charges, if any) no misconduct or other irregularity alleged can be said to have been made out or the charges framed are contrary to any law[CASE NUMBER] At this stage, the tribunal has no jurisdiction to go into the correctness or truth of the charges[CASE NUMBER] The tribunal cannot take over the functions of the disciplinary authority[CASE NUMBER] The truth or otherwise of the charges is a matter for the disciplinary authority to go into[CASE NUMBER] Indeed, even after the conclusion of the disciplinary proceedings, if the matter comes to court or tribunal, they have no jurisdiction to look into the truth of the charges or into the correctness of the findings recorded by the disciplinary authority or the appellate authority as the case may be[CASE NUMBER] The function of the court/tribunal is one of judicial review, the parameters of which are repeatedly laid down by this Court[CASE NUMBER] It would be sufficient to quote the decision in [ENTITY], Excise and Taxation Officer-cum- Assessing Authority, Kamal v[CASE NUMBER] Gopi Nath & Sons[CASE NUMBER] The Bench comprising [ENTITY], J[CASE NUMBER] (as he then was) and [ENTITY], J[CASE NUMBER], affirmed the principle thus : (SCC p[CASE NUMBER] 317, para 8) "Judicial review, it is trite, is not directed against the decision but is confined to the decision-making process[CASE NUMBER] Judicial review cannot extend http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in to the examination of the correctness or reasonableness of a decision as a matter of fact[CASE NUMBER] The purpose of judicial review is to ensure that the individual receives fair treatment and not to ensure that the authority after according fair treatment reaches, on a matter which it is authorized by law to decide, a conclusion which is correct in the eyes of the Court[CASE NUMBER] Judicial review is not an appeal from a decision but a review of the manner in which the decision is made[CASE NUMBER] It will be erroneous to think that the Court sits in judgment not only on the correctness of the decision making process but also on the correctness of the decision itself[CASE NUMBER]"
10[CASE NUMBER]In the case of [PRECEDENT] [[CASE NUMBER], Decided on May 29, 2012], the Apex Court of India held that normally, a Charge sheet is not liable to be quashed, as it does not adversely affect the rights of an employee and does not give rise to any cause of action[CASE NUMBER] A writ lies only when some right of a party is infringed[CASE NUMBER] The charge sheet does not infringe the right of a party[CASE NUMBER] It is only when a final order imposing punishment or otherwise, it may have a cause of action[CASE NUMBER] Hence, the writ petition challenging charge sheet by itself is not maintainable[CASE NUMBER] However, it can be quashed on the ground that issuing authority being not competent to issue the same[CASE NUMBER]
11[CASE NUMBER]In the case of [PRECEDENT], it was held that writ jurisdiction is a discretionary jurisdiction and hence such discretion under [SECTION] should not be ordinarily be exercised for quashing a charge sheet[CASE NUMBER] No doubt, in some very rare and exceptional cases, the High Court can quash a charge sheet, if it is found to be wholly without jurisdiction or for some other reason, if it is wholly illegal[CASE NUMBER]
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12[CASE NUMBER]In the case of [PRECEDENT], the Hon'ble Apex Court of India has held as follows:-
10[CASE NUMBER]Ordinarily a writ application does not lie against a charge- sheet or show-cause notice for the reason that it does not give rise to any cause of action[CASE NUMBER] It does not amount to an adverse order which affects the right of any party unless the same has been issued by a person having no jurisdiction / competence to do so[CASE NUMBER] A writ lies when some right of a party is infringed[CASE NUMBER] In fact, charge-sheet does not infringe the right of a party[CASE NUMBER] It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action[CASE NUMBER] Thus, a charge- sheet or show-cause notice in disciplinary proceedings should not ordinarily be quashed by the Court[CASE NUMBER]
11[CASE NUMBER]In [PRECEDENT] (SCC pp[CASE NUMBER]315-16, para 10) this Court held that normally a charge-sheet is not quashed prior to the conducting of the enquiry on the ground that the facts stated in the charge are erroneous for the reason that to determine correctness or truth of the charge is the function of the disciplinary authority[CASE NUMBER]
12[CASE NUMBER]Thus, the law on the issue can be summarised to the effect that the charge-sheet cannot generally be a subject-matter of challenge as it does not adversely affect the rights of the delinquent unless it is established that the same has been issued by an authority not competent to initiate the disciplinary proceedings[CASE NUMBER] Neither the disciplinary proceedings nor the charge-sheet be quashed at an initial stage as it would be a premature stage to deal with the issues[CASE NUMBER]
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in Proceedings are not liable to be quashed on the grounds that proceedings had been initiated at a belated stage or could not be concluded in a reasonable period unless the delay creates prejudice to the delinquent employee[CASE NUMBER] Gravity of alleged misconduct is a relevant factor to be taken into consideration while quashing the proceedings[CASE NUMBER]
13[CASE NUMBER] In the case of [PRECEDENT], it was held that:-
13[CASE NUMBER]It is well settled by a series of decisions of this Court that ordinarily no writ lies against a charge-sheet or show-cause notice vide Executive Engineer, Bihar State Housing Board V[CASE NUMBER] Ramesh Kumar Singh, Special Director [ENTITY], [PRECEDENT], [PRECEDENT], etc[CASE NUMBER]
14[CASE NUMBER]The reason why ordinarily a writ petition should not be entertained against a mere show-cause notice or charge-sheet is that at that stage the writ petition may be held to be premature[CASE NUMBER] A mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so[CASE NUMBER] It is quite possible that after considering the reply to the show-cause notice or after holding an enquiry the authority concerned may drop the proceedings and / or hold that the charges are not established[CASE NUMBER] It is well settled that a writ petition lies when some right of any party is infringed[CASE NUMBER] A mere show- cause notice or charge-sheet does not infringe the right of anyone[CASE NUMBER] It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance[CASE NUMBER] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
14[CASE NUMBER]In view of the facts and circumstances, the writ petitioner is at liberty to participate in the Departmental Disciplinary Proceedings and establish the innocence or otherwise by producing documents and adducing evidence, if required[CASE NUMBER] The respondents are directed to continue the departmental disciplinary proceedings and conclude the same, as expeditiously as possible[CASE NUMBER] The writ petitioner is directed to co-operative for the early disposal of the disciplinary proceedings and in the event of non-co-operation, the same shall be recorded by the authorities concerned in the enquiry proceedings itself[CASE NUMBER] Long pendency of the disciplinary proceedings would also cause prejudice to the delinquent officials[CASE NUMBER] Thus, early disposal of the disciplinary proceedings are certainly necessary[CASE NUMBER]
15[CASE NUMBER] Under these circumstances, the respondents are directed to proceed with the enquiry proceedings by affording an opportunity to the writ petitioner as per the procedure contemplated in the [ACT] and conclude the same in all respects and pass final orders as expeditiously as possible[CASE NUMBER]
16[CASE NUMBER]With these observations, the writ petition is disposed of[CASE NUMBER] No costs[CASE NUMBER] Consequently, connected miscellaneous petition is closed[CASE NUMBER]
Index : Yes/No Internet:Yes/No 04[CASE NUMBER]07[CASE NUMBER]2019 am http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in [ENTITY], J[CASE NUMBER] am To 1[CASE NUMBER]The [ENTITY][CASE NUMBER] 2[CASE NUMBER]The [ENTITY][CASE NUMBER] 04[CASE NUMBER]07[CASE NUMBER]2019 http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in