MAHADEO KATULKAR Vs. HONBLE HIGH COURT OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has assailed legality and validity of initiation of departmental enquiry and has prayed for quashing of charge sheet issued by 3 rd respondent by the order of 1st respondent. Vide impugned charge sheet, a departmental enquiry has been initiated against the petitioner on two articles of charges which are reproduced as below : ARTICLE OF CHARGES

(2.) Learned counsel appearing for the petitioner, referring to averments made in the petition and the grounds urged therein, canvased before this Court that initiation of departmental enquiry against the petitioner is an attempt to forestall the enquiry into various complaint of irregular and illegal appointment. It is contended when the petitioner started enquiry into complaint of irregular appointments at the behest of the officer against whom allegation are leveled, the enquiry was initiated against the petitioner at the instance of respondents No. 4 to 6. According to learned counsel for the petitioner, enquiry against the petitioner has been initiated to provide protection and patronage to those Class- IV employees against whom complaint have been made and is motivated, predetermined at the instance of respondents No. 4 to 6. In order to support his submission, learned counsel for the petitioner has further drawn the attention of this Court to number of charge sheets issued against the petitioner, to submit that in order to harass and victimize the petitioner series of charges and enquiry have been hurled against him at the behest of respondents No. 4 to 6. One of the submissions to call in question the very institution of departmental enquiry is that in view of protective provisions contained in Section 11 of the Whistle Blowers Protection Act, 2011, the petitioner is protected against any victimization by initiation of proceedings on the ground of any disclosure or allegation of corruption or willful misuse of power/discretion.

(3.) Before proceeding to deal with the submission on the face of material contained in the charge sheet and other connected documents placed on record, it is apposite to refer to various judicial pronouncement of the Apex Court in the matter of scope of judicial review against initiation of institution of a departmental enquiry against the delinquent employee.