Challa Veeraiah vs The State Of Ap
2022 Latest Caselaw 8826 AP

Citation : 2022 Latest Caselaw 8826 AP
Judgement Date : 17 November, 2022

Andhra Pradesh High Court - Amravati

Challa Veeraiah vs The State Of Ap on 17 November, 2022

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                    MAIN CASE NO.: W.P.No.33327 of 2022
                             PROCEEDING SHEET


Sl.                                                                     OFFICE
No
         Date                            ORDER                           NOTE


04    17.11.2022

SRS,J

This Court while hearing the learned

counsel for petitioner, raised a doubt

regarding maintainability of writ petition,

since the proceedings impunged in the writ

petition is a notice calling the explanation of

the petitioner.

In fact, the Hon'ble Apex Court in

Secretary, Ministry of Defence and others

Vs. Prabhash Chandra Mirdha [(2012) 11

SCC 565) while placing reliance on other

judgments, held at Paragraph-10 as follows:

"10. Ordinarily a writ application does not lie against a charge-sheet or show cause notice for the reason that it does not give rise to any cause of action. It does not amount to an adverse order which affects the right of any party unless the same has been issued by a person having no jurisdiction/competence to do so. A writ lies when some right of a party is infringed. In fact, chargesheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action. Thus, a charge-sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the Court. (Vide: State of U.P. Vs. Brahm Datt

Sharma, AIR 1987 SC 943; Executive Engineer, Bihar State Housing Board Vs. Ramesh Kumar Singh & Ors., (1996) 1 SCC 327; Ulagappa & Ors. Vs. Div. Commr., Mysore & Ors., AIR 2000 SC 3603(2); Special Director & Anr. Vs. Mohd. Ghulam Ghouse & Anr., AIR 2004 SC 1467; and Union of India & Anr. Vs. Kunisetty Satyanarayana, AIR 2007 SC 906)."

There is no representation on behalf of

the petitioner.

List on 24.11.2012 under the caption

"For Orders".

___________ SRS, J PVD