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2007 (4) TMI 618 - SC - Indian LawsWhether in absence of any charge sheet or at least in absence of any satisfaction having been arrived by the disciplinary authority that a prima facie case has been made out for proceeding against an employee, the Vigilance clearance can be given or not, did not fall for consideration at all therein. No issue in that behalf was framed; no argument was advanced; no reason has been assigned in support of the said order A departmental proceeding is ordinarily said to be initiated only when a chargesheet is issued.The floodgate argument also does not appeal to us. The same appears to be an argument of desperation. Only because, there is a possibility of floodgate litigation, a valuable right of a citizen cannot be permitted to be taken away. This Court is bound to determine the respective rights of the parties.We, therefore, are of the opinion that there is no infirmity in the impugned judgments. The appeals being wholly without merits, are dismissed with costs. Counsel’s fee assessed at Rs. 50,000/-.
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