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Judgment
K. Ravichandrabaabu, J
This Writ Appeal is directed against the order of the Writ Court, in dismissing the Writ Petition filed by the appellant herein, challenging the charge-memo, dated 26.04.2019.
Heard the learned counsel appearing for the appellant and perused the materials placed in the typed-set of papers as well as the order passed by the Writ Court.
The learned counsel for the appellant vehemently contended that the Writ Court ought not to have dismissed the Writ Petition, especially when the appellant as the Writ Petitioner challenged the charge-memo on the following grounds:
(a) violation of principles of natural justice; and
(b) the charge-memo was issued with mala-fide intention, since the appellant has approached this Court and challenged the order of suspension and also sought for Subsistence Allowance during the suspension period.
We are not impressed upon the above contentions raised by the learned counsel for the appellant to entertain the writ Petition, which admittedly filed against the charge-memo containing several charges alleging sanctioning and disbursement of loans twice to various persons and also misappropriation of funds. Needless to state that, when the charge-memo is issued on the Petitioner/appellant setting out the charges, it is for the appellant to face the enquiry and prove his innocence in the enquiry by adducing material evidence, if any. Without doing so, the appellant is not entitled to challenge the very charge-memo itself on the ground of violation of principles of natural justice or on the ground of mala-fide. Merely because, the Petitioner has approached this Court and sought to challenge the order of suspension and also sought for subsistence allowance, it cannot be construed as if the authorities have wantonly framed the charges against the appellant with a mala-fide intention. Equally, when the challenge, is only against the charge-memo and when the Petitioner/appellant is entitled to participate in the enquiry and place all his submissions and contentions, it cannot be said that principles of natural justice is violated. Therefore, We are of the view that the Writ Court, after considering all these aspects, rightly dismissed the Writ Petition, with which, We find no reason to interfere.
Accordingly, the Writ Appeal stands dismissed. No costs.
Consequently, connected Miscellaneous Petition is dismissed.