மகிழ்ச்சியான தருணம் - பேரவை முகாம் பயிற்சியாளர்களுக்கு மனமார்ந்த வாழ்த்துக்கள்!!!

211. The charge sheet must be clear, concise and contain full particularity. The charges must be precise, definite, and convey to the employee concerned the exact nature of the alleged misconduct so that he can put up an effective defence. A vague statement of charges which does not unfold the exact nature and particulars of the misconduct is of no use and vitiates the entire proceedings. 

[Transport Commissioner v. A. Radha K. Moorthy, (1995)1 SCC 332]

212. The intimation to the employee of the exact charge against him with full particulars of the allegations on which it is based and the documentary or oral evidence in possession of the disciplinary authority in support of the charges is a mandatory requirement which flows not only from the provisions of Art. 311(2) of the Constitution and various statutory rules governing disciplinary action but also the Principles of Natural Justice which apply to all disciplinary proceedings in India 

(Khem Chund v. Union of India, AIR 1958 SC 300, paras 18 to 20).

213. The charge sheet can be issued by the competent disciplinary authority or by any other authority empowered by the rules in this behalf [State of M.P. v. Shardul Singh, (1970)1 SCC 108). Where there are no rules, the charge sheet may be issued by the disciplinary authority or by the controlling authority of the employee concerned [P. V. Srinivasa Sastry v. C&AG of India, AIR 1993 SC 1321]. The Supreme Court has held that if the competent disciplinary authority is personally involved in the case or is an important witness therein, it should refrain from acting as disciplinary authority in that case [Arjun Choubey v. Union of India, AIR 1984 SC 1356).

214. The charge sheet has to be delivered to the concerned employee either in person or through registered post. Mere communication is not sufficient (Union of India v. Dinanath Karekar, AIR 1998 SC 2722].