1000 BITS ON DISCIPLINE -167
711. Charge sheet must be complete with Annexure I, II, III and IV. Incomplete charge sheet was quashed
(SLJ 1992 (2) CAT 74).
712. No charges to be framed contrary to law
In the case of charges framed in disciplinary inquiry, the Tribunal or Court can interfere only if on the charges framed (read imputation or particulars of charges, if any), no misconduct or other irregularity alleged can be said to have been made out or the charges framed are contrary to any Law
(Union of India v. Upendra Singh, ATC 1994 (27) P.200).
713. (i) Charges must be specific
(ii)Charges must be fully explained
(iii) List of documents must be given in charge sheet.
(iv)Witnesses should be quoted by name and not designation
S.L.J. 1999 (1), P.238 Allahabad, CAT Joseph Suleman V UOI -Held
714. (i)Charges without showing particulars of date etc. are vague.
(ii)Charges issued after long years without explaining delay cannot be sustained.
S.L.J. 1999 (1), Chandigarh CAT P.414 Bhardwaj V UOI & others
715. Issue of fresh charge sheet and further proceedings under Rule 14
“Rules 14,15 and 16 - Disciplinary proceedings – Charge sheet for minor penalty issued – Later charge sheet dropped – Nothing to show that charge sheet has been dropped without prejudice to any further action- Issuance of major penalty charge sheet held to be without jurisdiction and quashed”.
S.R.Nim v Union of India & others 2005(3) A.T.J. CAT (P.B.New Delhi) 594
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