Service Matters

Charge Sheet

Charge Sheet is a Written Document of allegations for any misconduct committed by an employee.

As we know Disciplinary Proceedings is said to have been commenced when charge sheet is issued.

A Competent Disciplinary Authority only can issue Charge Sheet to a delinquent employee.

Framing of Memorandum of Charges

Charge Sheet is Memorandum of Charges which is issued to the delinquent employee by the Disciplinary Authority.

Charges has certain imputations against delinquent employee for the alleged misconduct.

Delinquent Employee is to submit reply to the charges within stipulated time given in Memorandum of Charges.

If the delinquent employee does not submit reply to the charges, an Ex-parte inquiry can be ordered.

Disciplinary Authority can pass Suspension Order against delinquent employee during pendency of Disciplinary Proceedings.

Charge Sheet Must be Clear About Date and Time of Misconduct

It is one basic requirement of a reasonable opportunity of hearing is given for defending oneself.

Charge Officer must be informed in writing of the grounds on which action is proposed to be taken against him.

The proposed ground should be in writing categorically and definitely define the charges.

Charges must contain clear date, time, place and person involved in the imputations.

If the charges did not contain full particulars of date, time and place of alleged misconduct.

It amounts to denial of reasonable opportunity of hearing.

Case Reference: Sawai Singh Vs. State of Rajasthan, AIR 1986 SC 995

Communication of Charge Sheet to Employee

Charge Sheet must be communicated to the employee concerned properly otherwise it may cause delay in departmental proceedings.

Where charge-sheet has been sent to the employee on correct address by Registered Post, it will be deemed to be served if the employee refused or omit to receive it, But where the postal endorsement , “Not residing at given address ”. Such service is not deliberate refusal and hence not properly communicated.

The letter communicating the accusation not answering description of formal charges, however, the contents of the same disclosing the charges leveled against him.

Therefore, it cannot be said that the delinquent was not apprised of the accusation leveled against him to enable him effectively reply the same.

Case Reference : State of Bikaner and Jaipur & Others Vs Shri Prabu Dayal Grover, AIR 1996 SC 320

Challenging the Charge Sheet before Tribunal

If Disciplinary Authority has issued Memorandum of Charges to an employee and he challenged the Charges before Central Administrative Tribunal (CAT) or State Tribunal even without replying the charges and even without waiting for the decision of the disciplinary authority.

Such petition will be treated as premature and not maintainable because he had full opportunity to reply to the charges, that was not stage at which the Tribunal ought to have entertained such application for quashing the Memorandum of Charges.

Case Reference : Union of India and Another Versus Ashok Kacher, 1995 Supp (1) SCC 80