Sanjay Sharma v. Chairman Cum Disciplinary Authority And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2327 of 2015 • Sanjay Sharma S/O Late Vishnu Prasad Sharma, aged About 54 years Branch Manager, Branch Bhaisma, Chhattisgarh Rajya Gramin Bank, Bhaisma, Tahsil & District Korba (C.G.) ---- Petitioner

Versus

1. Chairman Cum-Disciplinary Authority, Chhattisgarh Rajya Gramin Bank, Head Office- Mahadev Ghat Road, Sunder Nagar, Raipur, District Raipur (C.G.)

2. General Manager Cum-Administration, Chhattisgarh Rajya Gramin Bank, Head Office, Mahadev Ghat Road, Sunder Nagar, Raipur, District Raipur (C.G.) ---- Respondents For Petitioner : Shri K.N. Nande, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/07/2015 1.

This writ petition under Article 226 of the Constitution of India has been preferred challenging the show cause notice issued to the petitioner asking him to show cause as to why penalty of stoppage of two increment without cumulative effect be not inflicted upon him. 2.

Petitioner is working as Officer Grade-II in the Chhattisgarh Rajya Gramin Bank. Annexure P/1 would reveal that the show cause notice has been issued at the end of regular enquiry.

3.

In the considered opinion of this Court, a petition challenging the

show cause notice before imposition of penalty is not maintainable on the same principle which says that a petition challenging the enquiry at the threshold is not maintainable. (See : Secretary, Ministry of Defence and others v. Prabhash Chandra Mirdha1) 4.

There is no substance in the petition, which fails and is hereby dismissed.

Sd/- JUDGE (Prashant Kumar Mishra) Kamde (2012) 11 SCC 565