Help in chargesheet in 498a

A chargesheet filed in departmental proceeding cannot be quashed by courts unless it adversely affects the rights of the aggrieved employee."In fact, chargesheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action."Thus, a charge sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the court,""Law does not permit quashing of chargesheet in a routine manner. In case the delinquent employee has any grievance in respect of the charge sheet, he must raise the issue by filing a representation and wait for the decision of the disciplinary authority thereon.

"In case the charge sheet is challenged before a court/ tribunal on the ground of delay in initiation of disciplinary proceedings or delay in concluding the proceedings, the court/ tribunal may quash the charge sheet after considering the gravity of the charge and all relevant factors involved in the case after weighing all the facts, both for and against the delinquent employee, and must reach the conclusion which is just and proper in the circumstance,"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.

Once the charge sheet is filed, a petition to quash can be filed, without a charge sheet where is the question of quashing it?

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