1000 TIT BITS ON DISCIPLINE -80
277. Amendment/alteration to the Charge sheet
There is no objection to the issue of a corrigendum or an amendment subsequent to the issue of the charge sheet. However, such corrigendum/amendment, unless it is verbal only, should issue before the regular hearings begin. Further, the amendment must be of a minor nature, for instance, supplying some omission of a clerical nature, adding or deleting from the list of documents or list of witnesses. If the amendment is of a substantial nature amounting to a fresh allegation or charge, either a new charge sheet in substitution of the earlier one should issue or the employee may be booked for the additional charge, separately.
278. Substitution of a Charge Sheet
Is it permissible to issue a fresh charge sheet in substitution of the earlier one with substantially the same contents? The answer is, Yes. “Second charge sheet is not tenable only if the earlier charges were adjudicated upon”- observed Chandigarh Bench of the C.A.T. in Harbhajan Singh Sethi v. Union of India, (1987)3 ATC 1. However, two precautions are to be taken, namely,
(i) The fresh charge sheet is issued before the inquiry into earlier charge sheet starts [Ramdhani Ram v. Union of India, (1987)2 ATC 66; and
(ii) the earlier charge sheet is not 'dropped' or 'cancelled' [R. B. Parmar v. Union of India, SLJ (1987)2 CAT 46). But, if the charge sheet is simply withdrawn, there is no objection in issue of a fresh charge sheet on the same subject. The reason is that the meaning of the word 'withdrawal is to take back, to recall”, hence, there is no infirmity in the issue of the fresh charge sheet [Harbhajan Singh Sethi v. Union of India, supra].
Where a charge sheet is issued by an authority not competent to do so, it may be withdrawn and a fresh charge sheet may issue in substitution, over the signature of the proper authority. But it should be done either before the inquiry begins or fresh evidence should be recorded thereafter [Mohan Lal Sharma v. Chief Mining Adviser, SLJ (1987)2 CAT 82).
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