1000 BITS ON DISCIPLINE -161
681. If no prima facie, the departmental proceedings unjustified
“Departmental proceedings unjustified when there is no prima facie material to show recklessness/ misconduct in discharge of quasi judicial functions”
[Ashok Kacker V UOI ATR 1992(1) CAT 696 (PB New Delhi) DOJ 18-12-1992]
682. Before initiating action, the records should be verified
“It is necessary and desirable that disciplinary authorities before initiating action against employee verify facts from the original records”
[Rule 69 of Postal Manual Volume III]
683. Charge sheet if not issued within six months liable to be quashed
“It was decided that since charge sheet was not issued even after the period of more than 6 months from the date of suspension, on the ground of disciplinary proceedings, the delay is inordinate in giving the charge sheet and therefore, the impugned order of suspension was quashed”
[A.S. Krishnamachary V UOI 1993 (1) LLJ (CAT) 195 Bangalore]
684. Charge sheet should be issued within three months
“Charge memo should be served within 3 months from the date of suspension. When this time limit is not followed, the Government Servant should submit an appeal for revocation of suspension if the review committee decided to extend the suspension without considering the DGP&T orders dtd 15.07.1976, it should be a matter for appeal by Government Servant.”
[Para (E) of DG P&T Lr., No.201/43/76 Disc II dtd 15.07.1976]
685. Allegations contained in the charge sheet should be concrete
“The charge must not be vague and that it should contain full particulars which the charged employee is required to explain The allegations have to be concrete and specific it is necessary that nothing is left out which the charged employee must know for enabling him to make an effective defence“
[VA Radha Krishnamurthy Transport Commissioner V Transport Corpn (1995) SCC 332 SC]
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