Departmental proceedings

Amit Kumar Sinha (Querist) 01 June 2012 This query is : Resolved
Sir , An employee was issued a charge sheet on the charge of receiving illegal gratification. The employee submitted his reply to the said charge sheet. The management chose to keep mum over the issue without taking any decesion for almost 1 year. After 1 year the managment again issued another charesheet on the same charge of receiving illegal gratification and also adding another charge of insubordination and finally dismissed the employee after holding regular departmental proccedings. Sir whether the employer was justified in procceding with the same charge of receiving illegal gratification again when the employee had submitted his reply therto and the management had chosen not to procced? Sir whether the first charesheet had to reach a logical conclusion? Please advise and if possible with some citations.

Thanks.

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Guest (Expert) 01 June 2012
If the charge was for the same offence pertaining to the same illegal gratification, the disciplinary authority (DA) was wrong to issue charge sheet for the same charge again. For that you can challenge the charge sheet in the CAT/court of law, as the case may be, to get the charge annuled. However, if the charge was for different gratification, the DA was right to issue the charge sheet for that.

There was nothing wrong to issue charge sheet on the charge of insubordination.

If you felt you were not guilty of any of the charge, you could have defended yourself effectively during departmental inquiry/ defence statement.

Sudhir Kumar, Advocate (Expert) 02 June 2012
It is not clear whether you raised the plea of dual chargesheet at earliest stage?

It is also not clear if the earlier chargesheet was revoked reservingright to issue fresh one. It is also not clear if the incident in both chargehseets was the same? It is also not clear if the disciplinary authroity had approved final dropping of 1st chargesheet. It is also nto clear if you participated in the inqiury. It is also not clear if the qinruity was held properly.

chitra gupta (Expert) 02 June 2012
the deptt.case is very much interesting....i fully express the same opinion with (l)expert(s)mr.p.s.dhingra and mr.sudhir....now it is better to have a look on the charge sheet(s)and the corresponding replies given by the author before coming to any final conclusion.

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