SANJAY TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Kumar learned Senior Counsel assisted by Sri Ghufran Hussain learned counsel for the petitioner, Sri N.K. Seth learned counsel assisted by Sri Puneet Chandra learned counsel for the opposite parties. Shri Alok Sharma learned Additional Chief Standing Counsel has put in appearance for the State.

(2.) At the very outset, a preliminary objection was raised by Sri N.K. Seth learned Senior Counsel appearing for the opposite parties that the present writ petition as against the charge-sheet and show cause notice is not maintainable. The show cause notice dated 14.8.2019 is contained as annexure 1 to this writ petition whereas the charge-sheet dated 27.2.2019 is contained as annexure 2.

(3.) It is well settled that ordinarily this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India would not entertain a writ petition arising out of the charge-sheet and show-cause notice but if the charge-sheet and show cause notice issued by an authority suffer from lack of jurisdiction, the Court may overrule an objection and proceed on merit.