1000 BITS ON DISCIPLINE -168
716. Statement of witnesses should be supplied if requested for to reply to the charge sheet.
PX Shatrughanlal 1998 (6) SCC 651, R.B.Lal X UOI SLJ 1998 (1) SC 213, ATJ2001 (1) 14. G.IMHAO.M.No.F.30/5/61-AVD dated 25-08-1961.
717. Charge framed should be accurate and not vague.
Katari XHC of Karnataka (1983) 1 KARNLT 211.
718. If charges are vague, the penalty is liable to be set aside
When the charge is vague and indefinite and statement of facts containing necessary particulars are not given, the order imposing penalty is liable to be set aside.
K. Ravindran Nair X The state 1983 SLJ 124.
719. If charges are identical, the departmental proceeding are to be stayed
When departmental action and criminal proceedings are initiated for the same offence, departmental proceedings are to be stayed until charge is framed in the court and if the charge is identical, departmental action is to be stayed until finalisation of the criminal proceedings.
(1993)23ATC 131 Madras, (1991) 1 SLJCAT 352 Principal Bench.
720. Mere inaction led to monetary loss is beyond disciplinary jurisdiction
In the absence of allegation of personal gain or corrupt practices, mere inaction in discharge of statutory powers, even though resulting in monetary loss to the department is beyond the Disciplinary Jurisdiction of the Department. (1989) 9 ATC 509 Ahmedabad referring to Kundanlal X Delhi Admn. 1976 (1) SLR 133. e.g:If any officer signs in good faith on the basis of records put upto him and if the claim is bogus, the officer concerned cannot be charge sheeted. Please see observation of the Hon'ble Supreme Courtin C.A. No.6269 of 2003.
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