The Special Director And Anr vs Mohd. Ghulam Ghouse And Anr on 9 January, 2004
It is well settled by a series of decisions of this Court that ordinarily
no writ lies against a charge sheet or show-cause notice vide Executive
Engineer, Bihar State Housing Board vs. Ramdesh Kumar Singh and
others JT 1995 (8) SC 331, Special Director and another vs. Mohd.
Ghulam Ghouse and another AIR 2004 SC 1467, Ulagappa and others vs.
Divisional Commissioner, Mysore and others 2001(10) SCC 639, State of
U.P. vs. Brahm Datt Sharma and another AIR 1987 SC 943 etc.
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 mere charge-sheet or show-cause
notice does not give rise to any cause of action, because it does not amount
to an adverse order which affects the rights of any party unless the same has
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 infringe the right of any one. It is only when a final order imposing
some punishment or otherwise adversely affecting a party is passed, that the
said party can be said to have any grievance.