1000 TIT BITS ON DISCIPLINE -169
721. When the lapse is condoned, same matter cannot be reopened as fresh case (In this case cautioned and closed).
1992 (3) SLJ CAT 28 Principal Bench.
722. If the lapse is condoned and promotion given, lapse stands condoned.
AIR 1967 MP 284.
723. Issue and Service of Charge-sheet:
Endorsements of Postal Authorities on letters “not found”, “not traceable”, “not known”, “left” do not amount to service, but an endorsement “refused” does. The Supreme Court has laid down, that charge sheet is issued when it is framed and despatched to the employee irrespective of its actual service on the employee.
[Delhi Development Authority vs. H.C. Khurana, 1993(2) SLR SC 509 and Union of India vs. Kewal Kumar, 1993(2) SLR SC 554]
724. Charge sheet – Second charge sheet –
Charge sheet withdrawn after commencement of enquiry – issuance of a second charge sheet after further investigation, held, illegal.
P. Dasarathan v. Sub divisional inspector (Postal) (1989) 11 ATC 676 (Mad): (1989) 7 SLR (CAT) 129
725. Charge sheet – Altering the charge –
Enquiry officer’s power of, held, does not extend to altering the original imputations.
All India Services (D&A) Rules, 1969, R.8(240(i) – CCS (CCA) Rules, 1965, R. 14 (23)(i), Expln..
P. Parameswaran Nair v. Sr. Supdt. of Post Offices, (1990) 12 ATC 108 (Ernk): ATR (1990) 1 CAT 372
Post a Comment