Answer to When Charges are quashed on grounds of mala fides
TopAdvocates
(Querist) 12 October 2010
This query is : Resolved
When the mala fides is observed by the Court and the Hon'ble Court is pleased to quash the charge sheet the entire administrative action falls nothing survives.
It will be further mala fide if the charges are picked up from the quashed by Court Charge sheet.
The objective examination should bring out some thing entirely new in the fresh charge sheet.
If so advised may , yes , mean CVC under the circumstances.
Let other experts with high scores like Raj Kumar Makkad and Subramaniam answer the query in public interest. They may even quote the case laws.
Raj Kumar Makkad
(Expert) 12 October 2010
In case no material is found in support of the allegations then it shall be treated that he whole initiation of the action is based on malafides and so the entire action shall be vitiated.
Sirandip Singh Panag vs. State of Punjab 2008 (4) RSJ 288 (FB)
Moreover if neither particular are placed on record nor the officers against whom malafides is alleged if not joined as party being respondent then such order is vitiated.
Purushottam Kumar Jha versus State of Jharkhand & others 2006 (3) RSJ 123 (SC).
Unless th allegations are substantiated beyond doubt, till that time the court cannot draw its conclusion.
MV Thimmaiah versus UPSC 2008 (2) RSJ 4480
