K.CHANDRASEKHARAN Vs. V.K.SAIGALCHAIRMAN

JUDGEMENT

(1.) P1 charge sheet issued to the petitioner, who is a senior level officer in the respondent Bank, is the subject matter of challenge.

(2.) Normally, by virtue of the settled position of law, there cannot be any interference by this Court invoking the discretionary jurisdiction under Article 226 of the Constitution of India at the stage of issuance of a charge sheet in respect of the disciplinary proceedings. Exemption can be drawn in exceptional circumstances when the specific instances pointed out cannot constitute any misconduct at all or when it amounts to a clear instance of malafides or such other situations as explained by the Apex Court in Union of India Vs. Upendra Singh [(1994) 3 SCC 357] and State of Punjab Vs. V.K. Khanna and Ors. (JT 2000 (Suppl) SC 349), whether this case falls in line as one among the exceptional few, is the question.

(3.) In view of the specific averments raised in the writ petition against the Chairman of the Bank, impleaded in his personal capacity and the sequence of events leading to Ext. P1 charge sheet issued just 'two weeks' prior to the date of retirement, coupled with such relevant circumstances, the writ petition was admitted on 19.01.2012 also granting interim stay of all further proceedings pursuant to Ext. P1.