PRABHAT KUMAR CHAKRAVARTY Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the judgment and order dated 12th April, 2007 passed by the Learned Trial Judge in writ petition No.62 of 2007 along with other two applications G. A. No.602 of 2007 and G. A. No.674 of 2007, this appeal has been preferred by the writ petitioner as appellant. Writ application stood dismissed by a reasoned decision on considering the limitation to exercise the power of judicial review by the writ Court with reference to challenge of a charge- sheet to set it aside at the initial stage as issued by initiating a departmental proceeding by the Competent Authority.

(2.) The challenge in the writ application is the charge memo in a departmental proceeding issued on 15th December, 2006 which read such:

(3.) The said charge memo has been challenged on the ground that the relevant document containing signatures of officers of Public Accounts Department, Reserve Bank of India, Kolkata which admittedly was procured without prior permission of the Competent Authority and submitted before a superior authority namely the Appellate Authority, the Regional Director, Kolkata with reference to grievance against another charge-sheet dated 5th May, 2005, practically was not a sensitive and secret document since the said document which was submitted on 9th August, 2006 to the appellate authority was supplied to the petitioner under The Rights to Information Act, 2005 by the Competent Authority of Reserve Bank of India namely the Chief Public Information Officer by his communication dated 15th September, 2006. The communication dated 15th September, 2006 read such: