Challenging ChargeSheet

Vijaya Kumar (Querist) 23 January 2010 This query is : Resolved
Sirs,
As the Courts would not, normally, intervene in the domestic investigation,
Can any body enlighten me whether a Charge Sheet issued to an employee by a Public Sector Undertaking be challenged in the Court of Law basing on the closure of FIR by the Police Authorities?

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Devajyoti Barman (Expert) 23 January 2010
The Supreme court has already held that the outcome of departmental enquiry shall not have any bearing on the police investigation and the vice versa and hence 'closure' of FIR is not the ground enough to quash the chargesheet by departmental committee.

N RAMESH. (Expert) 24 January 2010
Mr.Barman is correct. The two can be proceeded simultaneously, independent of each other.

If the charge memo issued is solely based on the FIR, then you can challenge the charge memo stating the FIR is closed. Its a good ground.

B K Raghavendra Rao (Expert) 24 January 2010

Normally the courts would not intervene in the running domestic enquiries. You have no case for approaching the court. If FIR is closed, the police would not proceed further. That would not have any bearing on the Departmental Enquiry.