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1000 BITS ON DISCIPLINE -162

 1000 BITS ON DISCIPLINE -162

686. Amending charges – reasonable opportunity to be given to the delinquent

During the course of the inquiry if it appears necessary to amend the charge sheet it is permissible to do so, provided that reasonable opportunity is given to the accused official on the basis of the amended charge sheet. The inquiry officer may hold the inquiry again from the stage considered necessary so that the delinquent official may get reasonable opportunity to defend himself by producing oral or documentary evidence in respect of the amended charge sheet. In case of major change in the charge sheet is contemplated, it is always desirable to draw fresh proceedings on the basis of the amended charge sheet.
[“A Complete Book on Disciplinary Proceedings” –DB Khanna & Ranbir Khanna V Edn]

687. The charges should be definitive and distinctive of each charge. 
(Rule 14 (3) of CCS(CCA) Rules and Rule 3 of P&T Manual Vol. III)

688. No definite opinion of commission of the offence is to be expressed in the charge sheet. (Rule 4 (1) of P&T Manual Vol. III). 

689. While criminal offence is alleged, the provisions of IPC. CRPC etc. should not be quoted but only violation of departmental rules could be cited

(Rule 57 of P&T Manual Vol. III) 

690. Prosecution should be the general rule in cases fit to be sent for prosecution. The intention is that such cases should not be closed with departmental action.
(Rule 80 of P&T Manual Vol. III)

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