Madhya Pradesh High Court
Jile Singh Baghel vs The State Of Madhya Pradesh on 3 December, 2021
Author: Vivek Agarwal
1 WP-25680-2021
The High Court Of Madhya Pradesh
WP No. 25680 of 2021
(JILE SINGH BAGHEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 03-12-2021
Shri Raunak Yadav, learned counsel for the petitioner.
Shri Vijay Kumar Shukla, learned Panel Lawyer for the
respondents/State.
Petitioner is aggrieved of the show cause notice dated 01/11/2021
issued by SHO, AJAK Seoni asking the petitioner to attend the investigation
which has been initiated in regard to determination of validity of caste
certificate possessed by the petitioner.
Learned counsel for the petitioner has placed reliance on a document
dated 14/09/2019 addressed by Superintendent of Police, Jabalpur to the
Inspector General of Police, Jabalpur, Zone Jabalpur and submits that
petitioner's caste has already been found to be correct which is mentioned in
the certificate and, therefore, there is no need for second enquiry. However,
the fact of the matter is that order dated 14/09/2019 places reliance on
determination of caste of one Surendra Singh Baghel s/o Mangal Singh
Baghel and on the basis of the said determination, Superintendent of Police
has unilaterally declared that even petitioner belongs to 'Bagri' community
without there being any factual determination in the hands of High Level
Caste Scrutiny Committee constituted by the State which had undertaken
work of determination of caste of said Surendra Singh Baghel. Thus, the plea
of double jeopardy is also not made out and petitioner is not entitled to take
advantage of some internal communication made by the Superintendent of
Police, Jabalpur to the Inspector General of Police, Jabalpur inasmuch as
there is no endorsement of the said communication to the petitioner and even
there is no mention of the fact that how petitioner came into possession of
said document which is an internal communication between the
Superintendent of Police, Jabalpur and Inspector General of Police, Jabalpur,
Zone Jabalpur.
Signature Not Verified
SAN
Digitally signed by MANJU CHOUKSEY
Date: 2021.12.04 12:58:21 IST
2 WP-25680-2021
This petition has been filed against the show case notice. Petitioner has
a remedy to file reply to the show cause notice and to appear before
authorities rather than approaching this Court in the light of judgment in the
case of Union of India & another vs. Kunisetty Satyanarayana, 2006(12)
SCC 28, wherein it is held that ordinarily no writ lies against a charge-sheet
or show cause notice as has been held in the case of Executive Engineer,
Bihar State Housing Board vs. Ramdesh Kumar Singh & others, JT
1995(8) SC 331, and also in the case of Special Director & another vs.
Mohd Ghulam Ghouse & another, 2004 SC 1467. The reason why
ordinarily a writ petition should not be entertained against a mere show cause
notice or charge-sheet is that at that stage, the writ petition may be held to be
premature. A mere charge-sheet or show cause notice does not give rise to
any cause of action, because it does not amount to an adverse order which
affects the rights of any party unless the same has been issued by a person
having no jurisdiction to do so. It is quite possible that after considering the
reply to the show-cause notice or after holding an enquiry the authority
concerned may drop the proceedings and/or hold that the charges are not
established. It is well settled that a writ lies when some right of any party is
infringed. A mere show-cause notice or charge-sheet does not infringe the
right of any one.
In view of the aforesaid legal position, this petition is pre-mature, thus
no indulgence can be shown in the matter of issuance of show cause notice.
Accordingly, this writ petition fails and is hereby dismissed.
(VIVEK AGARWAL)
JUDGE
manju
Signature Not Verified
SAN
Digitally signed by MANJU CHOUKSEY
Date: 2021.12.04 12:58:21 IST
