3. STAGES IN DEPARTMENTAL ENQUIRIES
208. Issue of Charge Sheet
Where, in a case, the disciplinary authority decides to institute regular disciplinary proceedings, a decision is taken by him whether the proceedings should be with a view to imposing a minor penalty or a major penalty. In case of proceedings for a minor penalty, allegations are communicated to the person concerned and he is proceeded against in accordance with rule 16 of the CCS (CCA) Rules, 1965, or any other similar rule. But, if major penalty proceedings are to be instituted, the first step is to issue a charge sheet. It consists of a letter or a memorandum containing the proposal to take such action and has the following documents, as its annexures :
(i) definite and distinct Articles of Charge;
(ii) a Statement of the Imputations of inisconduct or misbehaviour on which the charge is based containing all relevant facts with full particularity including any admission or confession made by the employee;
(iii) a list of Documents by which, and (iv) list of Witnesses by whom the Articles of charge are proposed to be sustained.
209. Where Central Vigilance Commission was consulted a copy of their first stage advice may be made available to the employee along with the charge sheet, for his information (CVC's Instructions No. 99/VGL/66, dated 28.9.2000, para 3].
210. No delay in issue of charge sheet
The Supreme Court has held, in number of cases, that inordinate delay in issue of charge sheet, i.e., in initiating the disciplinary proceedings must be avoided. In P. V. Mahadevan v. M.D., Tamil Nadu Housing Board, C.A. No. 4901 of 2005 decided by Supreme Court on 8.8.2005, the appellant, a Superintending Engineer, was issued a charge memo on 8.6.2000 relating to an irregularity in issuing a sale deed in 1990. The appellant had retired from service. The respondent did not come up with an acceptable explanation regarding the inordinate delay in initiating the disciplinary proceedings. The Court quashed the charge memo because of the delay in initiating proceedings. The Court relied on their earlier judgment in State of M.P. v. Bani Singh, AIR 1990 SC 1308.
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