1000. BITS ON DISCIPLINE -158
666. Issue of second charge sheet on same allegations
Issue of second charge sheet on same allegations, cancelling first one where the first one has been replied to by the employee, was held to be not permissible.
[Chandra Sekar V UOI ATC 1990 (12) P 868 CAT Jabalpur]
667. “Disciplinary action can be initiated against a person for his omissions and commissions while discharging duties of quasi-judicial nature”
[UOI V KK Dhawan JT 1993 (1) SC 236]
668. Contravention of Rules 3(1)(i) does not constitute misconduct.
The charge sheet is not maintainable because the first charge against the applicant is the contravention of Rule 3(1) (i) of the CCS [Conduct] Rules 1964 and therefore the contravention of Rules 3(1)(i) does not constitute misconduct.
[Bhagath Singh V UOI ATR 1986(2) CAT 40 TA 944/1986 [CR No.9117-W] decided on 20.05.86 by CAT Calcutta Bench]
669. Charge sheet issued by an authority who is not competent to issue charge sheet – held void in the eyes of law.
[1989 (1) ATJ 406 CAT Calcutta]
670. Inordinate unexplained delay in initiating proceedings vitiates inquiry.
[State of MP V Bani Singh& others ATR 1990 (1) SC 581] [Ramesh K Desai V UOI & another 1990(3) SLJ (CAT) 241 (Ahmedabad)]
[J. Albert V IG of Police & another 1990 (2) ATJ 291 (Madras)]
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