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1 - 6 of 6 (0.36 seconds)Section 14 in The Administrative Tribunals Act, 1985 [Entire Act]
Section 23 in The Administrative Tribunals Act, 1985 [Entire Act]
The Deputy Inspector General Of Police vs K.S. Swaminathan on 4 October, 1996
In
this regard, we may rely upon the law laid
down by the Hon'ble Apex Court in Dy. Inspector
General of Police Vs. K.S. Swaminathan, I996 STPL l0905 SC
decided on 04.10.1996. Para 4 of the judgment of
the Hon'ble Apex Court reads as under:
Union Of India And Another vs Kunisetty Satyanarayana on 22 November, 2006
"This is not the stage at which the truth or
otherwise of the charges ought to be looked
into. This is the uniform view taken by this
" Court in such matters. -". #'
We may further refer and rely upon
the law settled by the Hon'ble Apex Court in
Union of India & Anr. Vs. Kunisetty Satvanarayana, AIR 2007
SC906 wherein it has been held as under:
State Of Uttar Pradesh vs Brahma Datt Sharma And Anr on 25 February, 1987
Ghislflrn Qhousc,and'
another AIR 2004 SC I 46 7, Ulagappa and others vs.
Divisional Commissioner, Mysore and others
ZOONJO) SCC 639, State of U.P. vs. Brahrn Datt
Sharma and another AIR 1987 SC 943 etc. '
J4. The reason why ordinarily a writ petition
should not be entertained against a mere show--
cause notice or charge-sheet is that at. that stage
the writ petition may be held to be premature. A
rnere charge-sheet or show-cause notice does not
give rise to any cause ofaction, because it does not
amount to an adverse order which aflects the
rights ofany party unless the same h_fl_as' been issued
by a person having no jurisdiction to do so. It is
quite possible that after considering the reply to
the show-cause notice or after holding an enquiry
the authority concerned may drop the proceedings
and/or hold that the charges are not established. It
is well settled that a writ lies when some right of
any party is infringed. A mere show--cause notice
or charge-sheet does not infiinge the right of any
one. It is only when a final order imposing some
punishment or otherwise adversely 'a]]"ecting a
party is passed, that". the said party can be said to
have any griejgance.
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