1000 BITS ON DISCIPLINE -160
676. Issue of charge sheet by cancelling the earlier one
If the DA proposed to cancel the charge sheet and issue a fresh one, he should mention the reason for cancellation, namely, his intention to issue a fresh charge sheet, in the order of cancellation. It should also be stated in the order that the proceedings were dropped without prejudice to further action against the employee. Otherwise, the DA is debarred from initiating fresh proceedings against the accused GS.
677. Dropping of charges in cases arising out of CBI investigation
After considering the written statement of defence submitted by the accused GS, the DA may drop the charges. However, in cases arising out of CBI investigation, the CBI should be consulted before taking a decision to drop any of the charges. The CVC also should be consulted if its advice was sought before initiating disciplinary proceedings.
678. Whether charges can be dropped after considering the reply to the charge-sheet
In this regard, the instructions of Government of India are as follows:
"(a) The disciplinary authority has the inherent power to review and modify the articles of charge or drop some of the charges or all the charges after the receipt and examination of the written statement of defence submitted by the accused Government servant under Rule 14 (4) of the CCS (CCA) Rules, 1966."
[Govt. of India, M.H.A. OM No. 11012/2/79 Est. (A) dated 12.3.1981 and O.M. No. 11012/8/82- Est. (A) dated 8.12.1982]
679. Rejection of enquiry in minor penalty proceedings set aside
Minor penalty charge sheet issued – request for regular inquiry rejected as Disciplinary Authority was of the opinion that oral inquiry was not necessary – penalty of stoppage of increment was awarded – challenged – on facts Tribunal found that the order of imposing punishment was passed by the concerned authority without applying its mind – held – the impugned punishment order set aside.
[Dr. Ajit kumar Danda V UOI & Ors. CAT Calcutta OAS 766 & 318 of 1988 decided on 11.04.1990 -1991 (1) ATJ 257:1991(15) ATC 60]
680. No vague or indefinite charge sheet
Issue of Vague and indefinite charge sheet not accompanied by full and necessary particulars of imputation in support against the principle of Natural Justice.
[Rajkumar Singh V UOI ATR 1992(1) CAT 128() DOJ 13-09-1991]
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