RAMESH R RATHOD Vs. DIRECTOR (ADMINISTRATION & HUMAN RESOURCE) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED,; REGISTRAR LOKAYUKTA

JUDGEMENT

(1.) The petitioner has raised the challenge to the enquiry report, dated 06.07.2015 (Annexure-C) submitted by the Additional Registrar Enquiries-4, Karnataka Lokayukta. The Enquiry Officer has held the petitioner guilty of the charge that while he was working as the Assistant Engineer (Electrical), G.E.S.C.O.M., Aland, Kamalapur in Gulbarga District, has demanded and accepted a bribe of Rs.5,000/- on 21.03.2005 from the complainant, namely, Mohammad Suleman for the purpose of providing independent electricity transformer to Zeenath Saw Mill at Aland and thereby committed the misconduct as per Regulation 3 of the Karnataka Electricity Board Employees (Conduct) Regulations, 1988. He has also challenged the Upalokayukta's recommendations contained in the communication, dated 10.07.2015 recommending the penalty of compulsory retirement from service.

(2.) The petitioner's learned advocate submits that the petitioner is acquitted in Criminal Appeal No.3509/2009 and that therefore the initiation of the departmental proceedings is not sustainable. He submits that no clinching material is placed for holding the petitioner guilty of the charge. He complains of 10 years' delay in the submission of the enquiry report.

(3.) It is trite that ordinarily no writ lies against a charge sheet or a show cause notice. In saying so, we are fortified by the Apex Court's judgment in the case of Union of India vs. Kunisetty Satyanarayana, 2007 AIR(SC) 906. It is held therein that a mere chargesheet or show cause notice does not give rise to any cause of action, because it does not amount to an adverse order affecting 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 lies when the right of party is infringed. A mere show-cause notice or charge-sheet does not infringe the right of any one. It is only when a final order imposing some punishment is passed that the said party can be said to have any grievance.