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TMI Blog2018 (10) TMI 1056X X X X Extracts X X X X X X X X Extracts X X X X ..... his point of time. However, the charge memo issued against the writ petitioner is to be proceeded with and an enquiry in accordance with the provisions of the Discipline and Appeal Rules must be conducted. This Court is of an opinion that the writ petitioner has to submit his explanations/objections in respect of the allegations set out in the charge memo and defend his case by establishing his innocence or otherwise. Contrarily, the charge memo, at this point of time, cannot be quashed in view of the fact that the allegations raised in the charge memo are certainly serious and in relation to the submission of bogus Junior Grade Accountancy Certificate in order to secure promotion to the post of Deputy Commercial Tax Officer. The orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of service for the State Unit for the year 2012. The writ petitioner was selected and accordingly appointed as a Deputy Commercial Tax Officer and joined in the promoted post on 4.3.2013. 3. The first respondent initiated disciplinary proceedings on the allegation that the writ petitioner has submitted a bogus Junior Grade Accountancy Certificate and placed the writ petitioner under suspension. The deemed suspension order was made on 16.7.2013, after promoting the writ petitioner to the post of Deputy Commercial Tax Officer. The deemed suspension order was in force even at the time of filing of the writ petition and the writ petitioner was out of employment. 4. The second respondent issued a charge memo in proceedings dated 25.7.2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 12.12.2017 in WP No.38215 of 2016 and therefore, the order of reversion was not implemented during the period in which the writ petitioner was under suspension. 8. When the writ petitioner was under continuous suspension, he filed WP No.38215 of 2016, challenging the order of suspension dated 16.7.2013, this Court passed an order on 12.12.2017, allowing the writ petition on the ground that the prolonged suspension is bad in law and the writ petitioner during the pendency of the disciplinary proceedings shall be reinstated and posted in any one of the non-sensitive post. 9. However, the learned Additional Government Pleader (Taxes) now brought to the notice of this Court that pursuant to the orders of this Court dated 12.12.2017, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings initiated must be allowed to be completed in all respects by passing final orders and by affording all reasonable opportunities to the writ petitioner contemplated under the Discipline and Appeal Rules. 13. Therefore, this Court is of the opinion that there is no infirmity in the charge memorandum framed against the writ petitioner. A charge memo can be challenged on a limited ground and a judicial review against the charge memo is certainly limited. A charge memo can be challenged on limited grounds and the Court can entertain a writ petition on exceptional circumstances. A charge memo can be challenged if the same was issued by an incompetent authority having no jurisdiction, an allegation of mala fides is raised if the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charges. The tribunal cannot take over the functions of the disciplinary authority. The truth or otherwise of the charges is a matter for the disciplinary authority to go into. 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. It would be sufficient to quote the decision in H.B. Gandhi, Excise and Taxation Officer-cum- Assessing Authority, Kamal v. Gopi Nath Sons. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. 17. In the case of Union of India vs. Kunishetty Satyanarayana [(2006) 12 SCC 28] , it was held that writ jurisdiction is discretionary jurisdiction and hence such discretion under Article 226 should not be ordinarily exercised by quashing a charge sheet. No doubt, in some very rare and exceptional cases, the High Court can quash a charge sheet if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. 18. In view of the legal principles settled by the Apex Court in respect of the revision petition against the charge memo and the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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