Writ Petition Doesn't Lie Against Charge-Sheet In Displinary Inquiry Unless Issued By Incompetent Authority: Rajasthan High Court

The Rajasthan High Court has held that a writ petition against a charge-sheet in disciplinary proceedings is generally not lie unless it is shown that the charge-sheet was issued by an authority not competent to initiate the proceedings.

A charge-sheet was issued for alleged negligence in conducting an inquiry into a complaint. It was contended that the preliminary inquiry did not lead to any charges, yet a charge-sheet was served based on baseless allegations. Seeking quashing of the charge-sheet, the matter was brought before the High Court.

The Bench of Justice Anoop Kumar Dhand held that “a writ petition generally does not lie against the charge-sheet unless it is established that the same had been issued by an authority not competent to initiate the disciplinary proceedings.”

The Court further observed, “The delinquent employee, instead of seeking quashing of the charge-sheet at the initial stage, must submit his/her reply before the Inquiry Officer / Disciplinary Authority and wait for conclusion of the proceedings.”

Advocate Sudhir Yadav appeared for the Petitioner.

Facts of the Case

A government employee was issued a charge-sheet under Rule 16 of the Rajasthan Civil Services (CCA) Rules, 1958, for alleged negligence in handling an inquiry related to a complaint. The employee challenged the charge-sheet on the ground that no such negligence was found in the preliminary inquiry and that the allegations were vague and baseless. The High Court stated that a charge-sheet cannot be quashed merely on such grounds and held that a writ petition challenging a charge-sheet is only maintainable if it is demonstrated that the disciplinary authority lacked jurisdiction or legal competence to initiate proceedings.

Reasoning

The Court reaffirmed the principle that courts should not interfere in disciplinary proceedings prematurely. It referred to the Judgment of the Supreme Court in State of Orissa vs. Sangram Keshari Misra (2010), noting, “Normally, a charge-sheet is not quashed prior to the conclusion of the inquiry on the ground that the facts stated in the charge are erroneous, as determining the truth of the charge is the function of the disciplinary authority.”

Dismissing the petition, the Court granted liberty to present all available defenses before the Inquiry Officer, stating, “ The petitioner to raise all his available defence before the Inquiry Officer/Disciplinary Authority, which have been raised by him in this writ petition.”

Cause Title: Jagdish Prasad v. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 13682/2024)

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