1000. BITS ON DISCIPLINE -155
651. Even preliminary inquiry cannot be entrusted to a person who is himself involved in the matter
Not only the regular inquiry, even the preliminary or fact-finding inquiry cannot be entrusted to a person who is himself the subject-matter of the inquiry. The reason is that, as can be well anticipated, he will exonerate himself shifting the accusation to the others. For this purpose, he will proceed with the investigation and examine only those witnesses and documents which suit his purpose.
Referring to their observations in Capt. M. Paul Anthony case, supra, the Supreme Court re-iterated in Hindustan Petroleum Corporation Ltd. v. Sarvesh Berry, (2004)10 SCALE 340 – "Each case requires to be considered in the back drop of its own facts and circumstances. There would be no bar to proceed simultaneously with departmental inquiry and trial of a criminal case unless the charges in the criminal trial is of grave nature involving complicated questions of fact and law."
652. The Government of India have summed up these instructions in their O.M. No. 11012/6/2007-Estt. (A), dated 1.8.2007.
Thus, the options open to the disciplinary authority are :
(i) Criminal proceedings be instituted. The departmental action may be taken after the criminal case concludes, or
(ii) initially keeping the departmental action in abeyance but taking it up if criminal case is taking too long; or
(iii) both the proceedings may be taken up simultaneously [Jang Bahadur Singh v. Baijnath Tewari, AIR 1969 SC 30]. In the absence of a stay order from a court of law, it does not amount to contempt of court (ibid., para 3).
653. Issue of charge sheet is a part of “audi alteram partem' rule.
The issue of charge sheet is mandatory, not only because it is a requirement of natural justice, but also various statutory rules expressly provide for it. Even Art. 311(2) provides that the Government servant shall be informed of the charges against him. The Supreme Court has also held that issue of charge sheet is an essential requirement [Khem Chand v. Union of India, AIR 1958 SC 300, para 19).
654. Contents of the charge sheet
Since the employee is to be informed not only of the charges against him but also of the evidence on which those charges are sought to be established so that he can forward his defence [ibid., para 18].
A charge sheet usually consists of a forwarding letter and four annexures, namely - (1) Articles of charge; (ii) Statement of misconduct or misbehaviour on which the charge is based; (iii) List of Documents; and (iv) List of Witnesses, by which the articles of charge are proposed to be sustained.
The purpose of giving a prior notice of the names of the witnesses to be examined in support of the charges is that the Government servant should be able to verify their character and antecedents, for an effective cross-examination.
655. Charges must be specific with full particularity.
It is imperative that specific charges are framed in clearest terms, and with full particularity (State of U.P. v. Mohd. Sharif, AIR 1982 SC 937, para 3; Sawai Singh v. State of Rajasthan, AIR 1986 SC 795, para 14].
The charges must not be vague and should state in definite terms the allegations on which they are based and the grounds which have led the authority to take action {Surath Chandra v. State of West Bengal, AIR 1971 SC 752).
The language used should be clear, free from ambiguity and incapable of misconstruction. In Transport Commr. v. A. Radhakrishna Moorthy, (1995) 7 SCC 332, the charge was general in nature to the effect that the respondent along with eight other officials indulged in misappropriation by falsification of accounts.
No statement giving full particulars of the charge accompanied the charge. The Supreme Court frowned upon the charge issuing authority for drafting the charge in a very general and vague manner. The Court observed - “What part did the respondent play, which account did he falsify or help falsify, which amount did he individually or together with other named persons, misappropriate, are not particularised. The charge is a general one."
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