1000 TIT BITS ON DISCIPLINE -213
THE LISTED DOCUMENTS
834. The ‘Listed Documents' are the documents mentioned in the charge sheet or Annexure III to it as the documents by which the articles of charge are proposed to be sustained. The charged employee has an unrestricted and complete right of inspection of these documents. If at the time of framing of the charge sheet the disciplinary authority feels that there is some document which cannot be disclosed to the charged employee for the reasons of public interest, it should not be cited in the charge sheet, as a supporting document because, once it finds such a mention, the document or part thereof cannot be withheld from the charged employee.
835. In Chandrama Tewari v. Union of India, (1987) Suppl. SCC 518, the Supreme Court held that even though a document finds mention in the charge sheet but if it is not relevant to the charges or is not referred to or relied upon by the inquiry officer nor it is necessary for the purpose of cross-examination, the non-supply of its copy does not violate principles of natural justice.
836. The Supreme Court has also held that copies of listed documents should be supplied to charged employee before inquiry begins. Where the record is voluminous or it is not possible to make out a copy, charged officer may be given an opportunity to inspect the same with liberty to make out copies or take appropriate extracts at his own expense [Committee of Management, K.D. College v. S.S. Pandey, (1995)1 SCC 404)
837. The authors feel that since the charged employee is asked in the covering letter to the charges to submit written statement i.e., his reply to the charges within the stipulated time, it shall be advantageous if the copies of the listed documents are also supplied to him along with the charge sheet so that he can understand the nature of the allegations and submit an appropriate reply. Incidentally, this will also help in cutting delays. In fact, the Government of India have already issued instructions on 2.5.1985 that copies of the listed documents and of earlier statements of the witnesses should be supplied to the charged employee along with the charge sheet wherever possible, vide. para 5 of DOP&T Letter No. 134/2/83-AVD, dated 2.5.1985 reproduced below :
"(v) With a view to reducing the time taken by the government servant for inspection of documents before submission of his written statement of defence in reply to the charge sheet, copies of all documents relied upon and the statements of witnesses cited on behalf of the Disciplinary Authority should be supplied to the Government servant along with the charge sheet, wherever possible."
We are told that this is being done by a number of disciplinary authorities.
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