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31. Charges & Charge sheets

 1000 TIT BITS ON DISCIPLINE -

146. The charge sheet should be issued in writing. A hasty verbal reading of the charge sheet does not constitute service of the charge [K.S. Tewari v. G.M., High Explosive Factory, (1988)6 ATC 984).

147. The charges must not be vague. The allegations should be concrete and specific with full particularity and should not leave out anything which the charged employee should know to make out his defence [Surath Chandra Chakraborty v. State of West Bengal, AIR 1971 SC 752; State of U.P. v. Mohd. Sharif, AIR 1982 SC 937, (para 3); Sawai Singh v. State of Rajasthan, AIR 1986 SC 995, (para 14); Transport Commr., Madras v. A. Radhakrishna Moorthy, (1995)1 SCC 332).

148. However, the charge sheet is a matter of substance and not of form. Where full particulars were communicated through the memos, the Supreme Court did not accept the contention that no formal charge sheet had been issued. “There is no magic in the word charge sheet” - the Court observed [Krishna Chandra Tandon v. Union of India, AIR 1974 SC 1589).

149. It is no doubt true that the protection of Article 311(1) does not cover the mere act of the issue of charge sheet but it does not mean that a charge sheet can be issued by “any authority. It can be issued only either by the disciplinary authority itself or any authority so authorised by the statutory rules [State of M. P. v. Shardul Singh, (1970)1 SCC 108].

150. But where there are no rules, the charge sheet can be issued by the controlling authority of the employee (P. V. Srinivasa Sastry v. C&AG of India, AIR 1993 SC 1321].



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