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
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
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
In the case of Kunisetty Satyanarayana (supra), the
Hon'ble Apex Court has held that "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.