1000. BITS ON DISCIPLINE -157
661. Time limit for the issue of Charge sheet:
The Secretary has ordered that effort should be, made to issue charge sheet in a month’s time except in cases where police complaints are involved.
[DG P&T No.140/4/80-SPVii dtd 08 01 1981]
662. Is there any provision in CCS (CCA) Rules or Conduct and Service Rules for GDS to issue corrigendum, addenda etc., to the charge sheet issued?
No. In such a situation, the alternative is to withdraw the earlier charge sheet stipulating therein that the withdrawal is without prejudice to issue of fresh charge sheet for the same misconduct.
663. A promotee elevated from GDS is proceeded under CCS (CCA) Rules of the act committed at the time of his holding the post of GDS. Whether it is correct?
As per Rule 52 of P&T Manual Volume III the time or the capacity in which the act was committed is not material in deciding whether or not the CCS (CCA) Rules 1965 are applicable to an employee. As such one can be proceeded for the act, he committed during his GDS service period.
664. Undue delay in charge sheeting (9yrs) and delay in commencing disciplinary action (3 ½ years) will lead to quashing disciplinary proceedings.
[Shri Dharmbir Kumar Sinha V Secy., Min of Finance, Dept. of Revenue New Delhi & another OA No. 190/2011 dtd 19.04.2013 of CAT Bombay]
665. Non enumerated misconduct cannot form subject matter of disciplinary action”
“An employee cannot be charge sheeted in respect of an act of misconduct which is not provided for in the certified standing orders. Non enumerated misconduct cannot form subject matter of disciplinary action”
[Glaxo Laboratories (P) Ltd V Labour court and another 1984 (1) LLJ 14 SC]
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