Service matter.
Charge sheet in disciplinary matter to an employee can not be quashed during inquiry
Charge sheet cannot generally be a subject matter of challenge as it does not adversely affect the rights of the delinquent unless it is established that the same has been issued by an authority not competent to initiate the disciplinary proceedings.
Neither the disciplinary proceedings nor the chargesheet be quashed at an initial stage as it would be a premature stage to deal with the issues.
Proceedings are not liable to be quashed on the grounds that proceedings had been initiated at a belated stage or could not be concluded in a reasonable period unless the delay creates prejudice to the delinquent employee.
Gravity of alleged misconduct is a relevant factor to be taken into consideration while quashing the proceedings.
Normally a chargesheet is not quashed prior to the conclusion of the enquiry on the ground that the facts stated in the charge are erroneous for the reason that correctness or truth of the charge is the function of the disciplinary authority.
Union of India and Ors. v. Upendra Singh MANU/SC/0680/1994 :
(1994) 3 SCC 357).
State of Orissa and Anr. v. Sangram Keshari Misra and Anr. MANU/SC/0860/2010 : (2010) 13 SCC 311,