Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings.The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in a light or...
Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings.
The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in a light or routine manner, and instead of seeking quashing of the same at the initial stage, the delinquent employee should submit a reply before the disciplinary authority and wait for conclusion of the proceedings.
The Court was hearing a petition wherein, following a preliminary inquiry, a charge sheet was served upon the petitioner alleging negligence on his part in conducting enquiry in a complaint filed by the complainant. This charge sheet was challenged before the Court seeking its quashing on the grounds of the allegations being baseless.
After hearing the contentions, the Court held that, “On the question, whether there was negligence on the part of the petitioner or not, the petitioner can put his defence by way of filing his reply and producing adequate evidence in support of his defence. In any case, this Court cannot act as an Inquiry Officer or Disciplinary Authority to adjudicate the correctness of the allegations.”
The Court referred to the Supreme Court decision in the case of State of Orissa v Sangram Keshari Misra highlighting the ruling of the Apex Court that before the enquiry was concluded, normally, a charge-sheet was not quashed on the ground that the charges were erroneous, because finding correctness of the charge was the function of the disciplinary authority.
Accordingly, the petition was dismissed with liberty to the petitioner to raise his defence that was raised in the petition, before the inquiry officer/ disciplinary authority.
Title: Jagdish Prasad v the State of Rajasthan & Ors.
Citation: 2025 LiveLaw (Raj) 103