Search Results Page

Search Results

1 - 10 of 10 (0.27 seconds)

State Of Uttar Pradesh vs Brahma Datt Sharma And Anr on 25 February, 1987

6. Ordinarily, a writ application does not lie against a charge-sheet or show cause notice for the reason that it does not give rise to any cause of action. It does not amount to an adverse order which affects the right of any party unless the same has been issued by a person having no jurisdiction/competence to do so. A writ lies when some right of a party is infringed. In fact, charge-sheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action. Thus, a charge- sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the Court. ( Vide : State of U.P. versus Brahm Datt Sharma, (A.I.R. 1987 S.C. Page 943); Executive ( O.A.NO. 060.00204/2018 ) 6 (Anil Dhamija vs. UOI & Ors.) Engineer, Bihar State Housing Board versus Ramesh Kumar Singh & Ors. ( 1996(1) S.C.C. Page 327); Ulagappa & Ors. versus Divisional Commissioner, Mysore & Ors. ( A.I.R. 2000 S.C. Page 3603); Special Director & Another versus Mohd. Ghulam Ghouse & Another ( A.I.R. 2004( S.C. Page 1467); Union of India & Another versus Kunisetty Satyanarayana ( A.I.R. 2007 S.C. Page
Supreme Court of India Cites 8 - Cited by 967 - K N Singh - Full Document

The Executive Engineer,Bihar State ... vs Ramesh Kumar Singh & Ors on 22 November, 1995

6. Ordinarily, a writ application does not lie against a charge-sheet or show cause notice for the reason that it does not give rise to any cause of action. It does not amount to an adverse order which affects the right of any party unless the same has been issued by a person having no jurisdiction/competence to do so. A writ lies when some right of a party is infringed. In fact, charge-sheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action. Thus, a charge- sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the Court. ( Vide : State of U.P. versus Brahm Datt Sharma, (A.I.R. 1987 S.C. Page 943); Executive ( O.A.NO. 060.00204/2018 ) 6 (Anil Dhamija vs. UOI & Ors.) Engineer, Bihar State Housing Board versus Ramesh Kumar Singh & Ors. ( 1996(1) S.C.C. Page 327); Ulagappa & Ors. versus Divisional Commissioner, Mysore & Ors. ( A.I.R. 2000 S.C. Page 3603); Special Director & Another versus Mohd. Ghulam Ghouse & Another ( A.I.R. 2004( S.C. Page 1467); Union of India & Another versus Kunisetty Satyanarayana ( A.I.R. 2007 S.C. Page
Supreme Court of India Cites 6 - Cited by 658 - K S Paripoornan - Full Document

The Special Director And Anr vs Mohd. Ghulam Ghouse And Anr on 9 January, 2004

6. Ordinarily, a writ application does not lie against a charge-sheet or show cause notice for the reason that it does not give rise to any cause of action. It does not amount to an adverse order which affects the right of any party unless the same has been issued by a person having no jurisdiction/competence to do so. A writ lies when some right of a party is infringed. In fact, charge-sheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action. Thus, a charge- sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the Court. ( Vide : State of U.P. versus Brahm Datt Sharma, (A.I.R. 1987 S.C. Page 943); Executive ( O.A.NO. 060.00204/2018 ) 6 (Anil Dhamija vs. UOI & Ors.) Engineer, Bihar State Housing Board versus Ramesh Kumar Singh & Ors. ( 1996(1) S.C.C. Page 327); Ulagappa & Ors. versus Divisional Commissioner, Mysore & Ors. ( A.I.R. 2000 S.C. Page 3603); Special Director & Another versus Mohd. Ghulam Ghouse & Another ( A.I.R. 2004( S.C. Page 1467); Union of India & Another versus Kunisetty Satyanarayana ( A.I.R. 2007 S.C. Page
Supreme Court of India Cites 2 - Cited by 952 - A Pasayat - Full Document
1