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Submission of Written Statement of defence by the employee

215. Rule 14(4) of the CCS (CCA) Rules, 1965, which apply to the largest number of Government servants provides
"(4) The disciplinary authority shall deliver or cause to be deliver to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the Government servant to submit, within such time as may be specified, a written statement of his defence and state whether he desires to be heard in person."

216. DOP&T vide. their Letter No. 134/2/83-AVD dated 2.5.1985 have provided, in para 5, that – "(v) With a view to reducing the time taken by the government servant for inspection of documents before submission of his written statement of defence in reply to the charge sheet, copies of all documents relied upon and the statements of witnesses cited on behalf of the Disciplinary Authority should be supplied to the Government servant along with the charge sheet, wherever possible."

217. Thus, on receipt of the charge sheet the public servant may submit his written statement of defence within the prescribed time. To enable him to submit an effective reply copies of the documents supporting the charges should be supplied to him along with the charge sheet Though it is a general requirement but should essentially be done where the charged employee makes a written request. The Government of India have also decided vide. DOP&TO.M. No. 142/5/2003-AVD.I, dated 6.4.2004 that he may be allowed three to four days absence for preparing his written statemen and this period may be considered as duty. But, in such case no extension of time shall be allowed beyond the stipulated period of ten days.