The bench declined to interfere with the framing of charge pending an enquiry. The court advised the petitioner to participate in the proceedings rather than avoid them during the disciplinary process.
Petitioner advised to participate in the proceeding; plea for interference with charge framing not entertained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10026 of 2017
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Hansraj Singh Son of Late Rameshwar Singh, Resident of VillageKutubpur, P.O.- Kotwapatti, Rampur, Police Station- Doriganj, DistrictSaran at Chapra, at present resident at New Narayanpur Colony, Behind Rameshwar Vivah Bhawan, Main Road, Gudari Bazar, Police StationBhagwan Bazar, District- Saran at Chapra.
.... .... Petitioner
Versus
.... .... Respondents
====================================================== Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. Prabhakar Tekriwal
======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
3 04-01-2018 Heard learned counsel for the parties.
Charge.
Mr. Prabhakar Tekriwal, learned counsel appearing for the Corporation, informs that the enquiry is under way and the petitioner is avoiding to participate in the same.
In that view of the matter, this Court is not persuaded to interfere with the framing of charge.
However, the petitioner would be at liberty to raise all issues relating to the charge during the course of the disciplinary proceedings and before superior forums if the proceeding ultimately goes against him.
Patna High Court CWJC No.10026 of 2017 (3) dt.04-01-2018
2
The writ petition is disposed of with an advice to the
petitioner to participate in the proceeding.
(Jyoti Saran, J)
Surendra/-
U
1 issue framed by the court
Whether the High Court should interfere with the framing of charge in a disciplinary enquiry while the enquiry is still pending.
Hansraj Singh
Union of India
Food Corporation of India
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
