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2023 (2) TMI 600 - HC - Indian LawsProceedings against the Police officer - misconduct and is violative to the provisions of Section 3(1)(i), (iii) and 5(1) of Madhya Pradesh Civil Services (Conduct) Rules, 1968 -charge-sheet issued to the petitioner - Assessment u/s 153A - loose papers containing alleged unaccounted cash transaction was found and only on the basis of such entries, an undue inference was drawn that the petitioner had handed over an amount of Rs.7.5 Crore to Shri Prateek Joshi and on that foundation, the respondents initiated disciplinary proceeding against the petitioner - HELD THAT:- From a bare look to the very foundation made for issuance of the charge-sheet, it emerges that there is insufficiency of gleaned material to show the nexus between the petitioner and the entries contained in a loose paper, nor does it imply the same meaning as has been presupposed by the respondents to bring home the charges against the petitioner. Not only this, but in the developed circumstances, it can also be seen that when assessment of income, consequential to search-drive made against Prateek Joshi has been done by not referring those entries, then dragging the petitioner in disciplinary proceeding unnecessarily would obviously tantamount to causing injustice with him and such exercise and the charge-sheet can be held purely illegal. It a fit case where this Court while exercising jurisdiction under Article 226 of the Constitution of India, can quash the charge-sheet - charge-sheet (Annexure-P/2) is purely illegal, based on vague charge bereft of foundation and issued only on assumption and suspicion, therefore, is not sustainable. Obviously, the issuance of such charge-sheet causes prejudice to the petitioner because he being a young police officer, would be deprived from further promotion on mere pretext of pending disciplinary proceeding. We deem it apposite to emphasize on the enunciation of law in re V.C. Shukla [1998 (3) TMI 675 - SUPREME COURT] wherein the Supreme Court has categorically observed that if there is no evidence that the prosecution except the diaries, handbook and loose sheets with regard to alleged payments but on the basis of those evidence, nothing can be proved against the delinquent and therefore the Court has to see as to how the charges can be framed against the petitioner. In the fact-situation, finding this case as one of the exceptional cases wherein the view formed by this Court can be materialized only by interfering in disciplinary proceeding while exercising power under Article 226 of Constitution of India, Indubitably, the view of this Court gets credence from the verdict of Apex Court in re Kunisetty Satyanrayana [2006 (11) TMI 543 - SUPREME COURT] which elucidates that the High Court in very exceptional case can quash the charge-sheet or show cause notice if it is found to be wholly without jurisdiction or for other reason if it is wholly illegal. The writ petition is allowed.
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