SUDHA MIDHA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE applicant, who is the Additional Director General, SSD, CSO, belonging to Indian Statistical Service, Ministry of Statistics and Programme Implementation, has filed this OA challenging the charge sheet issued vide Memorandum No. 12011/28/2014 -APAR dated 01.05.2015, under Rule 16 of CCS (CCA) Rules 1965 (in short 1965 Rules), initiating minor penalty proceedings, contending, inter alia, that such charge sheet has been issued on frivolous grounds without there are being any misconduct on the part of the applicant, and even if the allegations levelled against the applicant in the articles of charges are taken to be true, the same do not disclose commission of any misconduct by her. It has also been contended that such proceeding under the provisions of 1965 Rules has been initiated only with a view to deny her due promotion to the post of Director General.

(2.) WE have heard the learned counsel Mr. Ajesh Luthra, appearing for applicant, and the learned counsel Mr. Gyanender Singh appearing for respondents.

(3.) THE learned counsel appearing for the respondents, on the other hand, has submitted that the charge sheet has been issued to find out as to whether the applicant has committed any misconduct within the meaning of CCS (Conduct) Rules and the said proceeding initiated against the applicant is yet to be completed. The learned counsel further submits that the issues raised by the applicant in the present OA shall be gone into in the disciplinary proceeding initiated against her under Rule 16 of the 1965 Rules. The learned counsel, referring to the judgment of Hon'ble Supreme Court in Union of India and another v. Kunisetty Satyanarayana, reported in : AIR 2007 SC 906, has also submitted that the Tribunal may not interfere with the charge sheet issued to the applicant, as it is not the case of the applicant that the authority, which has issued the charge sheet, has no jurisdiction to do so and as mere issuance of the charge sheet does not infringe the right of the applicant. The learned counsel further submits that the Disciplinary Authority may even accept the show cause reply submitted by the applicant against the charge sheet issued to her and pass necessary order thereafter. It has, thus, been submitted that the OA is liable to be dismissed, as premature.