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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 ..... in proceedings dated 18.12.2014. 2. The writ petitioner was appointed as a Typist in the Commercial Tax Department, on 27.1.1997 and he was promoted to the post of Assistant on 17.8.2007. The first respondent, in proceedings dated 13.2.2013, prepared the temporary list of Assistants fit for appointment as Deputy Commercial Tax Officer by way of recruitment by transfer 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 petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. Thus, there is no infirmity in respect of the charge memo issued against the writ petitioner. 7. The learned counsel for the writ petitioner states that the order of reversion was passed without conducting any enquiry and therefore, the same is to be scrapped. However, the writ petitioner was under suspension till this Court passed an order 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 pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uashing of the charge memo are neither candid nor convincing in respect of the reversion order was passed by the third respondent-The Joint Commissioner of Commercial Taxes, Enforcement-I, Chennai-6 and necessary charges were framed against the writ petitioner and the writ petitioner was placed under suspension. Therefore, the enquiry 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 judicia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an interfere only if on the charges framed (read with imputation or particulars of the charges, if any) no misconduct or other irregularity alleged can be said to have been made out or the charges framed are contrary to any law. At this stage, the tribunal has no jurisdiction to go into the correctness or truth of the 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 authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 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. 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 ver ..... X X X X Extracts X X X X X X X X Extracts X X X X
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