High CourtsSingle Bench(2012) 12 MP CK 0004

Shambhoo Prasad Pandey vs State of MP and Others

Madhya Pradesh High Court · Decided on 5 December 2012

HON’BLE JUDGES
Rajendra Menon, J
RESULT
Dismissed
CASE NUMBER
Appeal No. WP of 20080 of 2012

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Judgment

5 paragraphs · 266 words

Rajendra Menon, Judge

1.

A charge-sheet - Annexure P/1 dated 21.7.2012 has been issued to the petitioner and various allegations have been levelled with regard to producing false documents at the time of appointment. Petitioner by filing various documents has tried to indicate that the allegations levelled in the charge-sheet are not correct and, therefore, the charge-sheet be quashed. For the present, only a charge-sheet has been issued to the petitioner and question is pending before the disciplinary authority/inquiry officer. Petitioner has filed various documents and wants this Court to examine the charges levelled in the charge-sheet, inquire into the same and exonerate him by recording a finding. This function cannot be undertaken by a writ court at this stage when only a charge-sheet is issued to the petitioner.

2.

The matter is pending before the disciplinary authority. It is for the petitioner to raise his defence and explanation before the disciplinary authority and it is for the disciplinary authority or the inquiry officer to take note of all these facts and exonerate or record finding of guilt in the departmental inquiry. The prayer of the petitioner, if allowed, would amount to relegating this Court to the status of an inquiry officer and conducting inquiry into the matter. I am afraid, the same is not permissible.

3.

In view of the above, finding no case for interference this petition is dismissed with liberty to the petitioner to take all his defence before the disciplinary authority or the inquiry officer in the departmental proceedings.

4.

With the aforesaid, the petition stands dismissed. Certified copy as per rules.