126. Knowledge Spectrum – Discipline Charge Sheet - 42
115. What are the four Annexures to the charge sheet?
Annexure - Annexure - 11 Annexure - III Annexure - IV : Articles of Charge : Statement of imputations of misconduct or misbehavior : List of Documentary evidence in support of the charges : List of Oral witnesses in support of the charges .
116. How many charges may be included in a single charge sheet?
There is no limit about the number of charges in a charge sheet. It must however be ensured that a charge should relate to a single transaction. For example, if an employee has committed fraud in three Money orders, these may be shown as three distinct charges. The reasons are not far to seek. Each instance of misconduct is independent of the rest and each instance will depend on distinct evidence. Showing them as distinct charges will facilitate the proof of each charge irrespective of the outcome in respect of other charges.
117. When an inquiry is underway, would it be proper to issue another charge sheet against the same employee in respect of some other misconduct(s), without withdrawing the earlier charge sheet?
This question was addressed by the Hon'ble Supreme Court in Indian Drugs and Pharmaceuticals Ltd. and Anr. Vs. R.K. Shewaramani. (JT 2005 (6), (2005)6 SCC76]
In this case, a charge sheet was issued on 27.9.1989, alleging that the respondent employee had not joined the transferred post. There was another set of charges and a second charge sheet in respect of these charges was issued on 12.12.1989. While these two charges were pending consideration in departmental proceedings, action in terms of Rule 30A of the Industrial Drugs and Pharmaceutical Ltd. Conduct Discipline and Appeal Rules, 1978 (in short the 'Rules') was taken. A show-cause notice was issued requiring the respondent to show cause as to why his services shall not be terminated on account of unauthorized absence from duty exceeding 30 days. While allowing the appeal of the employer, Hon'ble Supreme Court held as under:
10. There is no requirement in law that for continuing with fresh proceedings the charge sheet issued must indicate that the previous proceedings pending have been given a go by. The employer is free to proceed in as many departmental proceedings as it considers desirable. Even in a hypothetical case in two of the departmental proceedings the finding is in favour of the delinquent employee, yet in another departmental proceeding finding adverse to the delinquent officer can be recorded. Merely because the two proceedings were pending, that did not in any way stand on the way of the employer to initiate another departmental proceeding and that too on the basis of an amended provision which came into effect after initiation of the previous departmental proceeding.
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