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Charge Sheet

The document outlines the process and requirements for drafting a charge sheet, which is a formal document detailing allegations against a government servant. It specifies who can issue and sign the charge sheet, the necessary content, and the legal precedents regarding the clarity and specificity of charges. Additionally, it emphasizes the importance of providing relevant evidence and documentation alongside the charge sheet to ensure a fair inquiry process.

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Mukesh Chaturvedi
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22 views24 pages

Charge Sheet

The document outlines the process and requirements for drafting a charge sheet, which is a formal document detailing allegations against a government servant. It specifies who can issue and sign the charge sheet, the necessary content, and the legal precedents regarding the clarity and specificity of charges. Additionally, it emphasizes the importance of providing relevant evidence and documentation alongside the charge sheet to ensure a fair inquiry process.

Uploaded by

Mukesh Chaturvedi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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CHARGESHEET

 What is a charge sheet


 Forms (minor and major)
 Who can issue?
 Who can sign?
 Drafting of a charge sheet-some
practical tips
What is a charge sheet?

 Prima facie proven essence of an


allegation setting out the nature of
the accusation in general terms such
as negligence, inefficiency,
acceptance of sub-standard work,
execution of work below specification
, breach of conduct rules.
Simultaneous Proceedings
 Can be issued when an investigating
agency has taken up a case.
 Also when a trial is on.
 “It is not in the interest of
administration that persons accused
of serious misdemeanour should be
continued in office, ie, for long
periods awaiting the results of
criminal proceedings.”
 State of Rajasthan v B K Meena AIR 1997 SC13
 Cited in DoPT OM dated 21st July, 2016
Rule position-Rule 14(3)
Where it is proposed to hold an inquiry
against a Government servant under
Rule 14 and 15 of the CCS(CCA)
Rules, 1965, the disciplinary
authority shall draw up or cause to
be drawn up:;
i. The substance of the imputations of
misconduct or misbehavior into
definite articles of charge;
i. A statement of the imputations of
misconduct or misbehavior in
support of each article of charge which
shall contain:
ii. (a)A statement of all relevant facts
including any admissions or confessions
made by the Government servant;
iii. (b)A list of documents by which, and
a list of witnesses by whom, the
articles of charge are proposed to be
substantiated.
Who can issue charge
sheet
 The President
 Any authority empowered by the
President by a general or special
order;
 Appointing authority or an authority
to which it is subordinate or
 Disciplinary authority
 A Disciplinary Authority is an
authority who has the power to
impose a penalty.
 Even an authority who has only
power to impose a minor penalty can
issue charge sheet for major penalty.
 A major penalty may be imposed
only be the appointing authority or
higher
 A minor penalty may be imposed
 The draft charge sheet has to be
approved by the Disciplinary
Authority

 Union of India v. B.V. Gopinath, (2014) 1 SCC


351
Who can sign?

Except in the case of President, in all


other cases the Disciplinary Authority
himself should sign the chargesheet.
Drafting of Article of
charge
 Clear and precise terms –should not be
vague
 First give plain facts leading to the charge
and at the end mention the
rules/instructions violated.
 In the language understood by the
Charged officer.
 The article of charge should mention all
the ingredients of the particular
misconduct
 Time
 Person
Drafting of Articles of
charge-continued
 Separate charge for each separate
allegation
 Do not mention the proposed penalty
 No need to mention “it is alleged…”
 DEVILS ADVOCATE APPROACH

PT
Annexure- Annexure-II Annexure-IV
III(List of (list of witness)
document
s)
Draft the Statement of
Imputations of
misconduct
Narrative form
Give all details leading
to misconduct in
chronological order
Mention full details of
place, time, incident
 To save time, along with charge sheet,
the following documents should be
supplied whenever possible:
 copies of all documents relied upon and
the statements of witnesses cited on
behalf of the Disciplinary Authority
 (DOP&T Letter No. 134/2/83-AVD, dated
2.5.1985, para 5)
Copy of the First Stage Advice of the
CVC to be given along with the Charge
Sheet

 The Central Vigilance Commission


have directed that a copy of the
CVC’s first stage advice may be
made available to the concerned
employee alongwith chargesheet
served upon him
 Para 3 of their instructions No.
99/VGL/66 dated 28.9.2000.
IMPORTANT CASE LAWS

 Employee must be informed of


charges & evidence on which they
are based.

 The employee must be told what the


charges leveled against him are and the
allegations on which they are based. He must
also be informed of the evidence on which the
charges are sought to be established so that
he can put forward his defence.

 {Khem Chand vs Union of India, AIR 1958 SC


300}
The charges must be
specific, clear and fully
particularised.
 No inquiry can be held on the
basis of a vague charge. In such a
situation the disciplinary authority or
the authority who framed the
charges shall be directed to
particularize them.
 {Transport Commr. V.A Radha
krishna Moorthy (1995) SCC 332}
The misconduct must be
specified and defined
with precision and
accurancy.

{A.L. Kalra vis P. & E Corpn of


India Ltd AIR 1984 SC 1361}
The Charge sheet is
a matter of substance, not of
form.

{Krishna Chandra Tandon vs Union


of India, AIR 1974 SC 1589}
though “formal charge sheet” was
not issued but the allegations
with sufficient particularity
and list of documents and
witnesses with support of
charges was communicated through
a letter by the managing
director, the Supreme Court held
that it fulfilled the necessary
requirement.

{State Bank of Bikaner and Jaipur vs. Prabhu


Dayal Grover, (1995) 6 SCC 279}
 A defective charge sheet may be
withdrawn to rectify an error
 The order of withdrawal should
mention that a revised charge sheet
will be issued after taking care of
the error/omission
 Don’t used the word “drop” in such
cases
 Charge sheet may be withdrawn if
the reply convincing
Charge sheet for minor
penalty
 It consists of only proposal to take
action against him, and
 Imputations of misconduct and
misbehaviour
 An inquiry on the same lines as
major penalty was held when:
 (a) If the Disciplinary Authority is of
the opinion that such inquiry is
necessary
 (b)if it is proposed after considering
the representation that the penalty
of withholding of increment is likely
affect the CO’s pension
 (c) if a penalty of withholding of
increments for more than 3 years is
proposed
 (d) if the increments are withheld
with cumulative effect
Thanks

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