NICHOLAS XALXO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the charge sheet which was issued to the petitioner on 24.06.2009 and the enquiry report submitted on 12.09.2018.

(2.) The petitioner has challenged the same on the ground of competency and the authority of the respondents in issuing the charge sheet. The second ground is that, though according to the petitioner the enquiry was concluded in the year, 2010 itself, but with mala fide intention they have now submitted the enquiry report after a period of 10 years time with an intention to victimize the petitioner. He further submits that he has already been issued a second show cause notice on 03.06.2019.

(3.) Without entering into the merits of the case, so far as the objection that the petitioner has raised as regards the competency and jurisdiction of the authorities in issuing charge sheet etc. is concerned, this court is of the opinion that the writ petition in its present form is not maintainable for two reasons. Firstly, the charge sheet which is under challenge is one which was issued way back more than 10 years ago on 24.06.2009. The petitioner permitted the respondents to proceed further with the charge sheet all along. Therefore, at this juncture it would not be justified for this court to interfere with the same in exercise of its power under Article 226 of the Constitution of India.