Ratan Kumar Upadhyay vs Managing Director
2023 Latest Caselaw 5636 MP

                                                   1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                          AT JABALPUR
                                                BEFORE
                                  HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                          ON THE 6 th OF APRIL, 2023
                                        WRIT PETITION No. 8349 of 2017

                         BETWEEN:-
                         RATAN KUMAR UPADHYAY S/O LATE S.P.
                         UPADHYAY,   AGED    ABOUT     59   YEARS,
                         OCCUPATION:   ADDITIONAL    OA    GRADE-II
                         M.P.PURVA KSHETRA V.V. CO. LTD,OFFICE
                         EXECUTIVE ENG. (O&M) DIVISION, TIKAMGARH
                         (MADHYA PRADESH)

                                                                         .....PETITIONER
                         (SHRI AJEET KUMAR SINGH - ADVOCATE)

                         AND
                         1.    MANAGING    DIRECTOR   M.P.  PURVE
                               KSHETRA VIDYUT VITRAN COMPANY
                               ARJUN NAGAR (MADHYA PRADESH)

                         2.    SHRI S.K. TANDON S/O NOT MENTION
                               OCCUPATION: CHIEF ENGINEER (REWA
                               REGION) M.P. PURVE KSHETRA VIDYUT
                               VITRAN COMPANY, ARJUN NAGAR, DISTT.
                               REWA (MADHYA PRADESH)

                         3.    SHRI A.B. SINGH S/O NOT MENTION
                               OCCUPATION: CHIEF GENERAL MANAGER
                               M.P. PURVE KSHETRA VIDYUT VITRAN
                               COMPANY LTD. SHAKTI BHAWAN, RAMPUR
                               JABALPUR (MADHYA PRADESH)

                         4.    PRAMA PANDEY S/O NOT MENTION
                               OCCUPATION: EXECUTIVE ENGINEER IN
                               THE OFFICE OF CHIEF ENGINEER REWA
                               REGION, M.P. PURVE KSHETRA VIDYUT
                               VITRAN COMPANY, ARJUN NAGAR DISTT.
                               REWA (MADHYA PRADESH)

                         5.    MANISH   KUMAR   S/O    NOT   MENTION


Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 4/6/2023
7:26:25 PM
                                                     2
                               OCCUPATION: MANAGER (H AND R) IN THE
                               OFFICE OF CHIEF ENGINEER REWA REGION,
                               M.P. PURVE KSHETRA VIDYUT VITRAN
                               COMPANY, ARJUN NAGAR, DISTT. REWA
                               (MADHYA PRADESH)

                         6.    PRAKASH MISHRA S/O NOT MENTION
                               OCCUPATION: EXECUTIVE ENGINEER IN
                               THE OFFICE OF CHIEF ENGINEER REWA
                               REGION, M.P. PURVE KSHETRA VIDYUT
                               VITRAN    COMPANY,  ARJUN    NAGAR,
                               DISTRICT REWA (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (BY SHRI TAKMEEL NASIR - ADVOCATE)

                               This petition coming on for admission this day, the court passed
                         the following:
                                                           ORDER

This petition is filed by the petitioner challenging show cause notice

dated 24.03.2017 (Annexure P-1) passed by the respondents and further seeking compensation to the petitioner for harassment, to the tune of Rs.5,00,000/-.

Shri Takmeel Nasir, learned counsel for the respondents submits that this petition is not maintainable in the light of the law laid down by the Supreme Court in case of State of Punjab and others Vs. Ajeet Singh, (1997) 11 SCC 368, wherein it is held that charge-sheet containing charges based on documents served but charges yet to be proved by adducing evidence. Examining of the merits of the charges and setting aside of such a charge-sheet at this stage in its writ jurisdiction by the High Court on the ground that the charges were meritless, is held to be improper.

Similarly, reliance is placed on the judgment of the Supreme Court

Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 4/6/2023 7:26:25 PM

in case of Deputy Inspector General of Police Vs. K.S. Swaminathan (1996) 11 SCC 498, where similar view is taken by the Hon'ble Supreme Court.

In view of the judgments of the Supreme Court in K.S. Swaminathan (supra) and Ajeet Singh (supra), this Court is of the opinion that petition filed against the charge-sheet is not maintainable when charges are yet to be proved, therefore, petition being bereft of merits, deserves to and is hereby dismissed.

(VIVEK AGARWAL) JUDGE pp

Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 4/6/2023 7:26:25 PM