Facts of the Case:

The petitioner, a constable in Rajasthan, challenged the charge-sheet issued against him on 12th June 2024 under Rule 16 of the Rajasthan Civil Services (Classification, Control, and Appeal) Rules, 1958. The charge-sheet accused him of negligence in conducting an enquiry related to a complaint. The petitioner contended that a preliminary enquiry conducted previously did not implicate him and sought the quashing of the charge-sheet on the grounds that the allegations were baseless.

Court’s Observation:

Justice Anoop Kumar Dhand observed that the validity of the charge-sheet and the allegations of negligence could only be determined after the petitioner submits his defense and presents adequate evidence before the Inquiry Officer or Disciplinary Authority. The court emphasized that it cannot intervene in the charge-sheet process at this early stage, as doing so would interfere with the functioning of the disciplinary proceedings.

“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.”

Court’s Ruling:

Referring to the Supreme Court’s decision in State of Orissa v Sangram Keshari Misra, the court ruled that charge-sheets cannot be quashed prematurely, especially on the grounds of erroneous charges. It noted that the authority to assess the correctness of the charge lies with the disciplinary authority, not the court. The court pointed out that disciplinary action could be questioned at the conclusion of the enquiry if it was determined that the allegations were unjustified.

The court further stressed that a writ petition against a charge-sheet is not appropriate unless it is shown that the charge-sheet was issued by an incompetent authority. It dismissed the petition with a direction to the petitioner to raise his defense during the ongoing disciplinary proceedings.

Court’s Final Decision:

The Rajasthan High Court dismissed the petition, allowing the petitioner to raise his defense before the Inquiry Officer/Disciplinary Authority and ensuring the continuation of the disciplinary proceedings. The court also dismissed any pending applications related to the case.

Credits: Adv. Deeksha Rai