LI Network
Published on: January 4, 2024 at 10:40 IST
The Rajasthan High Court dismissed a writ petition filed by a public transport driver against a charge-sheet issued by the Rajasthan State Road Transport Corporation, alleging that some passengers were found traveling without tickets.
Justice Anoop Kumar Dhand’s single-judge bench emphasized that a writ petition cannot typically challenge a charge-sheet unless it’s proven to be issued by an incompetent authority for disciplinary actions.
In the Court’s observation, it highlighted that government bodies retain the right to initiate disciplinary proceedings even if an alleged misconduct occurred while an employee performed judicial or quasi-judicial duties.
The charge-sheet revealed the driver’s negligence and misuse of his position, constituting misconduct or a breach of Conduct Rules.
The petitioner claimed the charge-sheet lacked conclusive evidence and was maliciously aimed at tarnishing his career. However, the respondents contended that the charge-sheet was supported by allegations concerning passengers traveling without tickets. They emphasized the petitioner’s right to respond and defend himself before the Inquiry Officer and the Disciplinary Authority.
The Court emphasized that it cannot replace the role of an Inquiry Officer or Disciplinary Authority to verify the allegations’ accuracy.
Relying on Supreme Court judgments, the court highlighted that challenging a charge-sheet in court should not occur routinely; instead, the accused should present their defense before the appropriate authorities.
The court dismissed the writ petition but allowed the petitioner to present their defense before the Inquiry Officer or Disciplinary Authority.