UMESH MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition is directed against the charge-sheet dtd. 15/7/2016 (Annexure P1) by which the petitioner has been subjected to departmental enquiry by serving charge-sheet on the allegation that his conduct is violative of Rule 3(1) of the Chhattisgarh Civil Services (Conduct) Rules, 1965 (hereinafter called as 'Rules of 1965') read with Regulation 64 of the Chhattisgarh Police Regulations.

(2.) The aforesaid challenge has been made on the following factual backdrop:-

(3.) Return has been filed by the respondents/State opposing the averments made in the writ petition stating inter-alia that charge-sheet issued clearly shows that the petitioner has misused his position and he is guilty of breach of sub-rule (1) of Rule 3 of the Rules 1965 read with Regulation 64 of the Police Regulations and as such, he has rightly been charge-sheeted and the writ petition as framed and filed is premature. The petitioner can join the departmental proceedings and file reply and he is at liberty to take defence in departmental proceeding, as such, the writ petition deserves to be dismissed.