Search Results Page
Search Results
1 - 3 of 3 (0.29 seconds)Union Of India (Uoi) And Ors. vs Upendra Singh on 17 February, 1994
Indeed, even after the conclusion of the disciplinary
proceedings, if the matter comes to court or tribunal, they
have no jurisdiction to look into the truth of the charges or
into the correctness of the findings recorded by the
disciplinary authority or the appellate authority as the case
may be. The function of the court/tribunal is one of judicial
review, the parameters of which are repeatedly laid down
by this Court.
The Secretary, Min.Of Defence & Ors vs Prabhash Chandra Mirdha on 30 April, 2007
In the case of Secretary, Ministry of Defence and
Others Vs. Prabhash Chandra Mirdha [Civil Appeal No.2333 of
2007, Decided on May 29, 2012], the Apex Court of India held that
normally, a Charge sheet is not liable to be quashed as it does not
adversely affect the rights of an employee and does not give rise to
any cause of action. A writ lies only when some right of a party is
infringed. The charge sheet does not infringe the right of a party. It is
only when a final order imposing punishment or otherwise, it may have
a cause of action. Hence, writ petition challenging charge sheet by
itself is not maintainable. However, it can be quashed on the ground
that issuing authority being not competent to issue the same.
1