State Of Tamil Nadu vs Union Of India And Anr. on 30 November, 2016

WP(C) No. 6117/2016 Page 1 of 27
2. The petitioner-State has questioned the quashing of the charge-sheet
dated 18th June, 2014 issued to the second respondent on the following
grounds: (A) the second respondent had preferred an appeal under Rule 16
of the All India Services (Discipline & Appeal) Rules, 1969 dated 12th July,
2014 and supplementary appeal dated 12th August, 2014, challenging the
order of suspension and the charge-sheet. The appeal was decided on 30th
April, 2015, quashing the suspension order. Relying on Explanation V to
Section 11 of the Code of Civil Procedure, 1908, it is urged that non-grant of
relief or prayer amounts to rejection; (B) The Tribunal having concluded that
the State Government had the jurisdiction and locus to issue the charge sheet
dated 18th June, 2014, the same could not have been quashed. The Tribunal
has, while quashing the charge-sheet, acted beyond jurisdiction and the
power of judicial review. Reliance is placed upon the decisions in Union of
India & Ors. Vs.Ashok Kacker 1995 (Supp. 1) SCC 180, State of Punjab
and Ors. Vs. Ajit Singh (1997) 11 SCC 368 and Subha Kumar Dash vs.
University of Delhi and Ors 2015 (2) AD (Delhi) 583; (C) The charges
relating to indiscipline on the part of the senior police officer are grave and
serious. No State Government would have tolerated such indiscipline. The
charge-sheet should not have been quashed. (D) Challenge to the charge-
sheet was barred by limitation, as the charge-sheet was issued on 18th April,
2014 and the OA was filed on 5th October, 2015. Application for
condonation of delay was not filed; (E) The Tribunal has erred in relying
upon the observations of the Single Judge in the judgment dated 28th
September, 2015 in W.P. (C) No.5145/2015 titled State of Tamil Nadu Vs.
Union of India and Anr., ignoring the mandate of the Order of the Division
Bench in LPA No.806/2015 dated 6th November, 2015.

Source: Indian Kanoon

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