Rajasthan High Court - Jodhpur
Supreme Court In The Case Of Union Of ... vs B.V.Gopinath Reported In (2014) 1 ... on 3 July, 2015
Author: Sandeep Mehta
Bench: Sandeep Mehta
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CIVIL WRIT PETITION NO. 6720/2015 Date of order : 3.7.2015 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. S.P.Sharma, for the petitioner.
<><><> Heard learned counsel for the petitioner and perused the material available on record.
By way of the instant writ petition the petitioner seeks to assail the legality and validity of the charge-sheet Annexure-1 dated 11.6.2015 issued to him proposing to impose a major penalty against him.
Counsel for the petitioner submits that the petitioner is to retire in August, 2015. He contends that the charge-sheet has been prepared and signed by a Dy. Director of the respondent Department who is an officer junior to the petitioner in length of service. The charge-sheet has not been proposed and signed by the petitioner's disciplinary authority. He places reliance on the judgment rendered by the Hon'ble Supreme Court in the case of Union of India & Ors. Vs. B.V.Gopinath reported in (2014) 1 SCC-351 and submits that the impugned charge-sheet amounts to a gross abuse of the principles of natural justice and is also contrary to the settled 2 principles of the Service Rules and deserves to be quashed.
The matter requires consideration.
Issue notice of the writ petition as well as of the stay application returnable in four weeks.
In the meantime further proceedings in pursuance of the impugned charge-sheet Annexure-1 shall remain stayed.
(SANDEEP MEHTA), J.
/Sushil/