124. Knowledge Spectrum – Discipline Charge Sheet - 40
109. What is a charge?
Para 14.2 of Chapter X of the Vigilance Manual (Fifth Edition 1991) provides as under: A charge may be described as the prima-facie proven essence of an allegation setting out the nature of the accusation in general terms, such as, negligence in the performance of official duties, inefficiency, acceptance of sub-standard work, false measurement of work executed, execution of work below specification, breach of a conduct rule, etc. a charge should briefly, clearly and precisely identify the misconduct/misbehaviour. It should also give time, place and persons or things involved so that the public servant concerned has clear notice of his involvement.
A charge is essentially an omission or a commission. It articulates that the charged official has committed something which should not have been done or has failed to do something which he ought to have done.
110. What is the significance of issue of charge sheet?
Issue of charge sheet is the discharge of the Constitutional obligation cast by Article 311(2) which states “No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity...’
It is also the compliance of the principle of natural justice which states – “No one can be condemned unheard” which has been codified in the constitutional provisions under Article 311(2).
111. Who is to decide about the issue of charge sheet?
Disciplinary Authority, who takes cognizance of the misconduct, is the appropriate authority to decide as to whether formal disciplinary proceedings are to be initiated against the government servant or warning or counselling is to be administered.
In cases where a preliminary investigation has been conducted, the disciplinary authority may take a decision based on the preliminary investigation report.
In the cases falling within the purview of the Vigilance Commission, first stage advice of the Commission is also taken into consideration when the above decision is taken.
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