New
Delhi, June 4, 2012 (PTI): A charge sheet filed in departmental
proceeding cannot be quashed by courts unless it adversely affects the
rights of the aggrieved employee, the Supreme Court has held.
“In fact, charge sheet does not
infringe the right of a party. 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.
“Thus, a charge sheet or show
cause notice in disciplinary proceedings should not ordinarily be
quashed by the court,” said a bench of justices B S Chauhan and Dipak
Misra, in an order.
The bench passed the order while
disposing of an appeal by the Ministry of Defence challenging a Central
Administrative Tribunal (CAT) order quashing the charge sheet against
one Prabhash Chandra Mirdha in a two-decade old bribery case.
“Law does not permit quashing of
charge sheet in a routine manner. In case the delinquent employee has
any grievance in respect of the charge sheet, he must raise the issue by
filing a representation and wait for the decision of the disciplinary
authority thereon.
“In case the charge sheet is
challenged before a court/ tribunal on the ground of delay in initiation
of disciplinary proceedings or delay in concluding the proceedings, the
court/ tribunal may quash the charge sheet after considering the
gravity of the charge and all relevant factors involved in the case
after weighing all the facts, both for and against the delinquent
employee, and must reach the conclusion which is just and proper in the
circumstance,” the bench said.
The bench said 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.
