R. Vasanthi v. The Project Co-ordinator World Bank Assistance Integrated & Others
2005-08-24
A.KULASEKARAN, MARKANDEY KATJU
body2005
DigiLaw.ai
Judgment :- (Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 3.8.2005 passed in Writ Petition No.24924 of 2005.) Markandey Katju, C.J. The petitioner has challenged the impugned charge memo. In our opinion, the learned single Judge rightly dismissed the writ petition with a direction that the enquiry be completed expeditiously. Ordinarily no writ lies against a mere charge sheet or show cause notice as it does not affect one's rights. It is only if and when a penal order is passed that a cause of action accrues. Hence such a writ petition should not be entertained but should be dismissed as premature vide Special Director v. Mohd. Ghulam Ghouse, AIR 2004 S.C. 1467 (see also The Executive Engineer, Bihar State Housing Board vs. Rameshkumar Singh & others, J.T.1995 (8) S.C.331). 2. We see no reason to interfere with the impugned order. The writ appeal is dismissed. W.A.M.P.No.3103 of 2005 is dismissed.