Archana Nagar vs The State Of Madhya Pradesh
2022 Latest Caselaw 2977 MP

                                                                         1
                                              The High Court Of Madhya Pradesh
                                                        WP No. 5120 of 2022
                                                 (ARCHANA NAGAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Jabalpur, Dated : 03-03-2022
                                         Shri Manoj Sharma, Advocate for the petitioner.

                                         Shri Brahmdatt Singh, learned Govt. Advocate for the respondent/State.

Heard on the question of admission and interim relief. By way of this petition, the petitioner has assailed the legality, validity and propriety of the impugned charge-sheet dated 23.2.2022, issued by the respondent no.3 whereby following two charges have been levelled against the petitioner :-

i) That, the petitioner misbehaved with the complainant/respected persons of the society in Police Station, which is in violation of para 64(3) and 64(11) of the M.P. Police Regulations;

ii) The petitioner while posted as Incharge Police Station, Gorakhpur, misused her power to get rewards by inducing her subordinates, which amounts to violation of para 582 of the M.P. Police Regulations.

Learned counsel for the petitioner has taken this Court through various

documents/instances to show malice on the part of the respondent no.3, who time and again has been pressurizing the petitioner to commit the irregularities/illegalities during performance of her duties, functions and responsibilities. The petitioner has been targeted for quite sometime. Initially the petitioner was line attached even though her performance was excellent and for which she was rewarded. Certain instances have also been brought on record to show that superior officers of the petitioner have abused her in front of the public and staff of the police Station and on multiple occasions she has been threatened with dire consequences. Whichever enquiry conducted against the petitioner has been done by her superiors. Subsequently, the petitioner was suspended and now charge-sheet has been issued which goes to show that superiors of the petitioner are bent upon harassing the Signature Not Verified SAN petitioner. Learned counsel for the petitioner has relied upon the judgment of the

Digitally signed by HEMANT SARAF Date: 2022.03.03 19:37:05 IST Apex Court in the case of State of Punjab Vs. V.K.Khanna and others, reported

in (2001)2 SCC 330, wherein in para 33 it is held as under :-

33. While it is true that justifiability of the charges at the stage of initiating a disciplinary proceeding cannot possibly be delved into by any court pending inquiry but it is equally well settled that in the event there is an element of malice or mala fide, motive involved in the matter of issue of a charge-sheet or the authority concerned is so biased that the inquiry would be a

mere farcical show and the conclusions are well known then and in that event law courts are otherwise justified in interfering at the earliest stage so as to avoid the harassment and humiliation of a public official. It is not a question of shielding any misdeed that the Court would be anxious to do, it is the due process of law which should permeate in the society and in the event of there being any affectation of such process of law that law courts ought to rise up to the occasion and the High Court, in the contextual facts, has delved into the issue on that score. On the basis of the findings no exception can be taken and that has been the precise reason as to why this Court dealt with the issue in so great a detail so as to examine the judicial propriety at this stage of the proceedings.

Learned counsel further submitted that the charge-sheet was served as a result of malafides and, therefore, the petitioner had no option but to implead the Superintendent of Police by name as respondent no.3. In view of the aforesaid, issuance of charge-sheet needs to be interferred with.

On the other hand, learned Govt. Advocate appearing for the State opposed the aforesaid submissions and submitted that a writ petition lies only when some right of any party is infringed. A mere show cause notice or charge-sheet does not infringe the right of anyone. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed then the said party can be said to have any grievance. It is settled legal position that writ jurisdiction under Article 226 cannot be ordinarily exercised. Therefore, no interim relief can be granted at this stage and the petition may not be entertained at this stage.

Taking into consideration the submissions made by learned counsel for the parties and on perusal of the records, the element of malice prima facie appears in the matter of issuance of impugned charge-sheet.

Issue notice to the respondents on payment of process fees by RAD mode within seven working days.

Signature Not Verified SAN Notice be made returnable within four weeks.

Digitally signed by HEMANT SARAF Date: 2022.03.03 19:37:05 IST As an interim measure, it is directed that the effect and operation of the

impugned charge-sheet dated 23.2.2022, annexure P/19, shall remain stayed till the next date of hearing.

(S. A. DHARMADHIKARI) JUDGE

HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.03.03 19:37:05 IST