H P S DEEP Vs. SUPERBAZAAR

JUDGEMENT

(1.) THE petition impugns the order dated 22 nd March, 2011 of suspension and the charge sheet dated 29th March, 2011 served by the respondent No.1 on the four petitioners.

(2.) UPON enquiry from the counsel for the petitioners as to how the writ petition against the order of suspension and charge sheet is maintainable in as much as the petitioners have the opportunity to show cause, the counsel for the petitioners has invited attention to Union of India Vs. Vineet Ohri 2010 I AD (Delhi) 60 and to Govind Prajapati Vs. Union of India 150 (2008) DLT 435 (DB) with the preface that though in both the said judgments on facts the writ petition against the charge sheet was not held to be maintainable but the same lay down that the same can be maintainable.

(3.) IT has been enquired from the counsel for the petitioners whether a person superior in position to the Disciplinary Authority is prohibited from issuing the charge sheet.