1000 TIT BITS ON DISCIPLINE -175
751. Charge sheet – Double jeopardy –
Acts of misconduct which had formed the subject of an earlier charge sheet and in respect of which punishment had been awarded, held, could not, even by breaking into a number of components, be included in a subsequent charge sheet.
Constitution of India, Art. 20(2). Sudhir Chandra Dutt v. Union of India, (1993) 23 ATC 50 (All)
752. Charge sheet – Ex parte enquiry in absence of actual service of charge sheet –
Held illegal – Hence, consequent order of removal also bad.
Railway Servants (D&A) Rules, 1968, R. 9 (23) – Ex parte enquiry.
Amal Kumar Parial v. Union of India, (1989) 11 ATC 679 (Cal): (1990) 3 SLR (CAT) 551
753. Can the charge sheet be amended in the course of Inquiry?
Yes.
754. Procedure for issue of the charge sheet, if the delinquent employee is not traceable and registered post is returned as 'not found"?
When the delinquent employee is unauthorizedly absent and could not be contacted, copies of the charge sheet may be dispatched to all the known addresses of the delinquent official, available with the organization. If it fails, charge sheet or the gist thereof may be published in the local newspaper; the charge sheet may be published in the web site of the organization and pasted in the notice board of the organization.
755. In case of false declaration (for appointment), charge sheet should be on violation of declaration and not conduct rules. (Provisions of MHA OM No. 39/1/67-Estt (A) dt. 21.02.1967 should be quoted).
(1991) 16 ATC 145 Ernakulam
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