1000 TIT BITS ON DISCIPLINE -174
746. List of witnesses and list of documents not supplied with charge sheet. Proceedings vitiated. P.O. supplying subsequently does not cure the defect.
(1987) 3 ATC 81 Calcutta.
747. Details not indicated held vague
Charge – Specificity of – Petitioner charged as habitual absence but specific details of absence not indicated in the charge sheet though later on produced during enquiry proceedings – Charge held vague.
Harphool Singh v. Union of India, (1987) 4 ATC 753 (Del): (1987) 3 SLJ 655
748. Charge – statement of imputation of misconduct – statement based on presumption only Held, if such statement gives rise to a strong suspicion regarding commission of misconduct by the employee, burden of proof about his innocence lies on the employee
K. Premkumari v. Union of India, (1990) 12 ATC 146 (Ernk)
749. 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
750. Charge sheet – Delay in issue of –
Charge sheet issued to the applicant on last working day of his retirement on superannuation – Applicant pleading that charge sheet was issued on the basis of a complaint which was received about 2 years before his retirement – Charges related to alleged misconduct which took place during 1963 to 1970 – No satisfactory explanation given for delay – Held, enquiry vitiated.
K.K Sood v. Union of India, (1990) 13 ATC 156 (Del): ATR (1990) 1 CAT 262: (1989) 4 SLJ (CAT) 495
K.K Sood v. Union of India, (1990) 13 ATC 156 (Del): ATR (1990) 1 CAT 262: (1989) 4 SLJ (CAT) 495
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