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2013 DIGILAW 2238 (MAD)

K. Akchaya v. State of Tamil Nadu

2013-06-27

D.HARIPARANTHAMAN

body2013
JUDGMENT :- 1. The petitioner is a Nursing Tutor Grade II in the College of Nursing attached to Mohan Kumaramangalam Medical College, Salem. She was issued with a charge Memo dated 14.5.2013, making allegations that she was unauthorisedly absent from duty for some time. The same was issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The petitioner did not submit any explanation. She has straight away come to this Court, questioning the same, raising various grounds. 2. In my view, the petitioner shall first submit an explanation to the charge memo. It is for the authority to decide as to whether they should accept the explanation and drop the charges or to proceed with the enquiry. If the authority is not inclined to accept the explanation, then the petitioner should be given an opportunity in the enquiry, as provided under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. 3. It is not the case of the petitioner that the third respondent is not competent to issue the charge memo. No other valid ground is shown to interfere the charge memo. 4. At this juncture, it is relevant to refer to the judgment of the Supreme Court inUnion of India vs. Kunisetty Satyanarayana reported in (2006) 12 SCC 28 . In paragraphs, 13 to 16, the Supreme Court held as follows: "13. 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 v. Ramesh Kumar Singh, Special Director v. Mohd.Ghulam Ghouse, Ulagappa v. Divisional Commr., Mysore, State of U.P. V. Brahm Datt Sharma etc. 14. 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. 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 Petition lies when some right of any party is infringed. A mere show cause notice or charge sheet does not infringe the right of anyone. 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. 15. Writ jurisdiction is discretionary jurisdiction and hence such discretion under Article 226 should not ordinarily be exercised by quashing a show cause notice or charge sheet. 16. No doubt, in some very rare and exceptional cases the High Court can quash a charge sheet or show cause notice if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. However, ordinarily the High Court should not interfere in such a matter." 5. For the aforesaid reasons, the Writ Petition fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petitions stand closed.