1000 TIT BITS ON DISCIPLINE -171
731. Charge that servant abused –
In charge of abuse exact words used are material and hence copy of original complaint of Officer must be supplied to servant.
(1968 Lab. I.C.584.)
732. Reasons for cancellation of original charge-sheet to be mentioned when fresh charge sheet issued
when the intention is to issue a subsequent fresh charge sheet, the order canceling the original one or dropping the proceedings should be carefully worded so as to mention the reasons for such an action and indicating the intention of issuing a subsequent charge-sheet appropriate to the nature of charges the same was based on.
(DG (P&T) No. 114/324/78-Disc. II, dated 5.7.1979)
733. Undue delay in issuing the charge-sheet may indicate mala fides on the part of the management.
[Satkari Chatterjee v. Commissioner of Police, Calcutta AIR 1965, Cal. 15.]
734. No bar for minor penalty disciplinary authority issuing major penalty charge-sheet
A disciplinary authority competent to impose any of the minor penalties mentioned in Rule 11 may initiate disciplinary proceedings against any Government servant for the imposition of any of the major penalties also notwithstanding the fact that such authority is not competent under the rules to impose any such penalties. Therefore, the contention of the applicant that because the memo. of charge was issued by an authority not competent to impose a penalty of removal from service the further proceedings on the basis of the charge-sheet has to be held to be illegal has absolutely no merit.
[T.K.Sajeeda Begum v. Union of India and others, (1990) 14 ATC 7 (Ernakulam).]
735. Where charge sheet is issued on the same allegations and charges, of which he has been honourably acquitted by the Court of Law – the disc. Proceedings are not permissible.
(Rajender Kumar Paul v. U.O.I. S.L.R 1976 (2) Cal. 295 & R.P.Kapur v. U.O.I. AIR 1964 S.C. 787).
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