Ravinder v. Union Of India And Others
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(3) Where the said subordinate officer or the enrolled person is found by the Medical Board to be unfit for further service in the Force, as the case may be, the authority as specified in rule 17, if he agrees with the finding of the Medical Board, communicate to the said person the findings of the Medical Board and thereupon, within a period of 30 days of such communication, the person may make a representation against it to the competent authority supported by a primafacie evidence of error of judgement in the opinion expressed by the Medical Board. Such an evidence should be from a government doctor not below the status of Civil Surgeon and should contain specific mention that he has taken into consideration the findings of the Medical Board before giving his opinion.
(4) Where the person declared to be unfit for further service makes a representation under subrule (3) the same shall be awarded to the next superior officer, who shall have the case referred to be reviewed by a fresh Medical Board, which shall be constituted in such manner as may from time to time, be laid down by the Director General. The superior officer may, having regard to the findings of the fresh Medical Board, pass such order as he may deem fit. 0!5: ! ! ?"
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! )! 5!! : !:: : 0 "12. It is well settled by a series of decisions of this Court that ordinarily no writ lies against a charge sheet or showcause notice
13. The reason why ordinarily a writ petition should not be entertained against a mere showcause notice or chargesheet is that at that stage the writ petition may be held to be premature. A mere chargesheet or show cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is quite possible that after considering the reply to the showcause notice or after holding an enquiry the authority concerned may drop the proceedings and/or hold that the charges are not established. It is well settled that a writ lies when some right of any party is infringed. A mere showcause notice or chargesheet does not infringe the right of any one. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance.
14. Writ jurisdiction is discretionary jurisdiction and hence such discretion under Article 226 should not ordinarily be exercised by quashing a showcause notice or charge sheet.
15. No doubt, in some very rare and exceptional cases the High Court can quash a chargesheet or showcause notice if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. However, ordinarily the High Court should not interfere in such a matter."
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sham Whether speaking/reasoned :Yes/No Whether reportable :Yes/No