Union Of India vs Mool Chand Verma S/O Shri Mali Ram ...
2023 Latest Caselaw 761 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Civil Writ Petition No. 13496/2022

Union of India
                                                                  ----Petitioner
                                   Versus
Mool Chand Verma S/o Shri Mali Ram Verma
                                                                ----Respondent

For Petitioner(s) : Mr. Sandeep Pathak For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

24/01/2023

Heard learned counsel for the petitioner.

Under challenge is the order of the Central Administrative

Tribunal dated 08/11/2021 by which, the charge-sheet dated

23/09/201 3 served upon the respondent has been set-aside on

the ground of delay.

The submission is that in the previous round of litigation

initiated by the respondent challenging the charge-sheet on the

ground of delay, came to an end before the Tribunal wherein the

Tribunal declined to quash the charge-sheet on the aforesaid

ground but directed for completion of the enquiry within a period

of four months.

Once the said order in the previous round had become final,

it was not open for the Tribunal to have quashed the charge-sheet

in the second round. Moreover, the charge-sheet cannot be

assailed independently in view of the various decisions of the

Supreme Court inasmuch as, it does not give rise to any cause of

(2 of 2) [CW-13496/2022]

action as the delinquent officer has a right to challenge a final

order of punishment if any passed in pursuance of the said

charge-sheet and the enquiry held in the matter.

Issue notice to the respondent vide registered post

returnable within six weeks.

Till the next date of listing, the effect and operation of the

impugned judgment & order of the Tribunal dated 08/11/2021

shall remain stayed.

(SHUBHA MEHTA),J (PANKAJ MITHAL),CJ

ANIL KUMAR GOYAL /8

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