1000 BITS ON DISCIPLINE -163
691. No rule for splitting the charges and send a part for prosecution
There is no law or rule to split the charge and send a part for prosecution and another part for departmental action. It should be decided if prosecution is called for and if so, prosecution should be launched. However, there is no bar for simultaneous departmental inquiry but depending on merit, departmental inquiry should be stayed after the court takes cognizance of the charges.
692. Departmental enquiries start from charge-sheet. Charge must be specific and must give all necessary particulars. Presumption that accused knew the charge is not sufficient.
(A. R. Mukherjee Vs. State of West Bengal AIR 1961 Cal. 40]
693. Where no proper charge-sheet was given, copies of documents were not given, no oral evidence was taken, Inquiring Authority was close friend of Disciplinary Authority and no Presenting Officer was appointed, it was held that there was flagrant violation of Natural Justice, there was adoption of method unknown to law in hottest of haste, and there was total miscarriage of justice. (Kumaon Mandal Vikas Nigam Ltd. Vs. Girja Shankar Pant & Ors 2001 LLR 1]
694. A regular departmental inquiry takes place only after the charge sheet is drawn up and served upon the delinquent. (M.D. UP Warehousing Corporation Vs. Vijay Narain Vajpayee AIR 1980 SC 840/Govind Menon Vs. UOI AIR 1967 SC 1274]
695. Typographical errors in charge-sheet, no prejudice; they may be corrected. (Paresh Nath Vs. Sr. S.P. RMS 1987 (1) SLR All 531 CAT]
Post a Comment