CW 14108/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.14108/09 Sohan Lal Sharma Versus RSRTC & Anr. DATE OF ORDER : 16/12/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Babu Lal Gupta, for petitioner *** Petitioner, who is working as Conductor/Booking Clerk for the alleged misconduct of 22nd August, 2008, was served with the charge sheet on 11th September, 2008. The allegation levelled against him was that on 22nd August, 2008, while he was on duty at Window No.36 in the office at Kashmiri Gate, certain tickets of various destinations were stolen and the petitioner was responsible for it. After charge sheet was served, he submitted his explanation. However, respondent appointed inquiry officer and the matter is pending with the inquiry officer at present. Counsel for petitioner submits that petitioner was not on duty at Window No.36 at the relevant point of time when incident took place and the disciplinary authority without examining the records, served charge sheet upon him and even while appointing inquiry officer, failed to CW 14108/09 [2] consider his written explanation and in support of his submission, Counsel placed reliance on the judgment of apex court in Union of India & Anr. Vs. Kunisetty Satyanarayana [(2006) 12 SCC-28]. Taking assistance thereof, Counsel submits that charge sheet has been served without due application of mind, which is unwarranted and deserves to be set aside. Submission made by Counsel is without substance for the reason that what has been urged by him is to be examined by the inquiry officer and any opinion, if express by this Court at this stage, may certainly prejudice fair opportunity of hearing to the petitioner and that will be considered by the inquiry officer. Judgment [supra] on which Counsel placed reliance in no manner supports the contention advanced by Counsel for petitioner. However, the Apex Court observed that ordinarily show cause notice or charge sheet does not infringe the right of delinquent and whenever final order imposing penalty or order adversely affecting is passed, it is always open for the delinquent to assail the same in the appropriate proceedings available under law and High Court U/Art.226 should not ordinarily quash show cause notice or CW 14108/09 [3] charge sheet. However, in exceptional cases the High Court may interfere, if it is found to be wholly without jurisdiction or for some other reason it is wholly illegal. In the instant case, it is not the case of the petitioner that charge sheet served upon the petitioner is without jurisdiction or allegation is not a misconduct and alleged illegality which has been referred to by the petitioner while making submission, is not made out from the record. Consequently, writ petition is without substance and accordingly, dismissed. However, petitioner will be at liberty to raise all available objections under law before the inquiry officer. [AJAY RASTOGI], J. FRBOHRA14108CW09 16-12.doc