1000. BITS ON DISCIPLINE -156
656. Who can issue Charge sheet.
It is, no doubt, true that Art . 311(1) has no application to the stage of issue of charge sheet but, since the issue of charge sheet is a serious matter, the Supreme Court has held that it can be issued either by the disciplinary authority itself or by an authority who can do so in terms of any express provisions of some statutory rule (State of M.P. v. Shardul Singh, (1970)1 SCC 108]. Or where there are no such rules, by a superior authority who can be held to be the controlling authority [P.V. Srinivasa Sastry v. C&AG, AIR 1993 SC 1321].
657. Reasonable time for reply.
The charged employee must be allowed a reasonably sufficient time to make up his mind about his defence and to submit a reply [Khem Chand v. Union of India, AIR 1958 SC 300].
658. Charge sheet should be served on the employee
If the charge-sheet is sent to his correct residential address by registered post, it would be deemed to be sufficient service if he refuses or omits to receive it [Gujarat Electricity Board v. Atmaram, AIR 1989 SC 1433). But, if it is received back with “not found” it is not sufficient service [Dinanath Karekar case). It appears from this case, that in all cases where the charge sheet sent by registered post is received back more efforts must be made to effect actual service. The department must be in a position to show that it had made all possible efforts.
659. Inordinate delay in issue of charge sheet to be avoided
The Government of India have issued instructions that specific accountability should be fixed on the officer(s) responsible for framing the charges, for ensuring issuance of charge-sheet within a set time frame. Responsibility should be fixed for inordinate delay in framing charges in cases where there are no valid reasons such as a stay of the proceedings by Court. (DOP&T O.M. No. 142/5/2003-AVD.I, dated 6.4.2004)
660. Reply to the charge sheet
The purpose of issue of charge sheet is to communicate to the person concerned the exact charge(s) against him with full particularities of allegations on which they are based citing the documentary and oral evidence in support of the charges which is in possession of the disciplinary authority. After issue of charge sheet a regular inquiry is not automatic. An inquiry is necessary only if in his written statement the delinquent employee denies the charges and disputes the supporting evidence. Thus, while submitting his written statement of defence the options open to the delinquent employee are :
(i) admit the charge; or
(ii) admit the charge partially; while denying the rest, or
(iii) deny the charge altogether; or
(iv) submit a detailed reply to the charge bringing out how the charge is false attacking the supporting evidence cited by the disciplinary authority and citing evidence in support of his defence version.
These are explained, seriatim, in the following paragraphs.
1. Where the charge is admitted by the charged employee , it is not necessary to 10.2 hold an inquiry and the disciplinary authority should immediately proceed to assess the guilt of the employee and decide the quantum of punishment to meet the requirements of the case.
2. In case the charged employee admits the charge and offers apology, he forfeits his right to the regular inquiry. But, the disciplinary authority still has the right to hold inquiry if it has reasons to believe that more incriminating facts are likely to be unearthed if the inquiry is held.
3. Where the charges are admitted partially, it will be necessary to hold inquiry into those charges or part of the charges, which are not admitted.
4. Where charges are denied, an inquiry in accordance with the prescribed procedure is mandatory, even if the charged officer does not ask for it. The reason is that where the charges are denied, the burden is on the prosecution to prove them through an inquiry;
5. If the charged officer has submitted a detailed written statement of defence denying the charges and asserting that he is innocent, the disciplinary authority is legally bound to apply his mind to the written statement of defence submitted by the charged employee. If he is not satisfied with denial, he may proceed to hold an inquiry to find out the truth.
6. If the charged employee does not make any reply to the charge sheet, should be presumed that he denies the charge.
7. The Government of India have issued instructions that in order to cut delay at this stage the charges officer may be allowed three to four days absence for preparing his written statement and this period will be treated as duty, in which case no extension of time shall be allowed beyond the time stipulated in the charge sheet for submitting reply
[DOP&TO.M. No. 142/5/2003-AVD.I, dated 6.4.2004).
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