S.J.MUKHOPADHAYA, J. - (1.) THIS appeal has been preferred by the appellant against the judgment and order dated 2nd December, 2004 passed by the learned Single Judge in W.P.(S) No. 5996 of 2004, whereby and whereunder, the writ petition preferred by the appellant with prayer to quash the departmental proceeding, has been dismissed.
(2.) THE brief fact of the case is that the appellant while posted as Technical Secretary to the Director (Technical) at Singrauli, he was served with a show cause notice bearing No. NCL/Vig/INV/8 -03/830 dated 24th November, 2003 whereby he was asked to show cause to the alleged irregularities as were set out in the said show cause notice. The appellant having received the show cause, replied to each and every irregularities and illegalities as were pointed out in different sub -clauses of clause (iv) of the show cause notice. One of the pleas taken was that he had no role to play in the matter of a tender, which gave rise to the irregularities as were alleged. It appears that the competent authority being not satisfied, issued a departmental proceeding vide Memorandum No. NCL/Vig/RDA -MKG/8 -03/616 dated 18th September, 2004. Eight articles of charges were framed against him and the statement of computation of misconduct in support of articles of charge framed against the appellant was also forwarded. The appellant challenged the same before the learned Single Judge in W.P.(S) No. 5996 of 2004 mainly on the following grounds : (a) The charges are absolutely vague; (b) The facts mentioned in the charge sheet do not constitute any misconduct, and (c) The departmental proceeding is belated having initiated after five years from the date of incident; AND, therefore, the initiation of departmental against him was bad.
(3.) THE learned Single Judge while notice one or other judgments, as referred by the counsel for the appellant, rejected the submissions and held the proceeding initiated well within time and that the High Court cannot go into the correctness or truth of the charges at the stage of initiation of departmental proceeding.;