Source: Rajasthan High Court

Why in News?

Recently, the Rajasthan High Court in the matter of Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors. has held that a writ petition generally does not lie against the charge-sheet unless it is established that the same had been issued by an authority not competent to initiate the disciplinary proceedings.

What is the Background of Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors Case?

• In this case, Petitioner who was a driver challenged a charge-sheet issued to him wherein allegations were levelled by the respondents that certain passengers were found traveling without ticket.
• Counsel for the petitioner submitted that a charge-sheet was issued to the petitioner without any conclusive evidence with a mala fide intention to spoil the career of the petitioner.
• Respondent said that there is a Disciplinary Authority to adjudicate the veracity of the allegations levelled against the petitioner, hence, interference of this Court is not warranted.

What were the Court’s Observations?

• Justice Anoop Kumar Dhand held that “It is a settled law that charge-sheet cannot be interfered with by the Court lightly or in a routine manner”.
• The Court said that the delinquent employee instead of seeking quashing of the charge-sheet at the initial stage must submit his/her reply before the Enquiry Officer/Disciplinary Authority and wait for conclusion of the proceedings.
  • Hence, the court dismissed the petition.

What is Procedure Related to Chargesheet Under Code of Criminal Procedure, 1973 (CrPC)?

• Charge:
  • As per Section 2(b) of CrPC, "Charge" includes any head of the charge when the charge contains more head than one.
• Chargesheet:
  • This section deals with the submission of a police report or chargesheet by the investigating officer to the Magistrate.
  • After completing the investigation, the officer in charge of the police station shall forward a report in writing to the Magistrate.
  • The report should contain the following:
    • the names of the parties;
    • the nature of the information;
    • the names of the persons who appear to be acquainted with the circumstances of the case;
    • whether any offence appears to have been committed and, if so, by whom;
    • whether the accused has been arrested;
    • whether he has been released on his bond and, if so, whether with or without sureties;
    • whether he has been forwarded in custody under section 170 of CrPC.
  • The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.
• Case Cited:
  • State of Orissa v. Sangram Keshari Misra (2010):
    • Supreme Court held that held that normally a chargesheet is not quashed prior to conclusion of the enquiry on the ground that facts stated in the charge are erroneous for the reason that finding correctness or truth of the charge is the function of the disciplinary authority.
• Landmark Case:
  • K Veeraswami v. Union of India & Others (1991):
    • SC ruled that the chargesheet is a final report of the police officer under Section 173(2) of the CrPC.