LAWS(CHH)-2018-7-261

SMT. MEENU RATHORE Vs. STATE OF CHHATTISGARH

Decided On July 31, 2018
Smt. Meenu Rathore Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The challenge in the present Writ Petition is to the charge-sheet Annexure P/2 dated 02/03/2018.

(2.) The main contention of the counsel for the petitioner challenging the charge-sheet is that, the charge-sheet has been issued at the behest of the superior authorities and that it has been done with a predetermined approach of holding the petitioner guilty of the charges which have been levelled against him. He further submits that, it is a case where on the plain reading of the charges which have been levelled against the petitioner it would reveal that, the charges are nothing but the precise nature of duty which is conferred upon the post which the petitioner was holding. He further submits that, even otherwise, the charge also is not sustainable for the reason that, the petitioner had only prepared documents which are otherwise required to be prepared by the Patwari, he has not passed any final order. The petitioner infact had submitted these documents before the higher authorities who in turn have proceeded further and as such the petitioner only discharged his duties which he is otherwise supposed to do in accordance with the Act and rules and he had done nothing with which he could have been subjected to disciplinary proceedings.

(3.) The law so far as intervention of the High Court at the stage of initiation of charge-sheet is by now well settled.