Disciplinary action
Querist :
Anonymous
(Querist) 04 September 2011
This query is : Resolved
Yes I have documents received under RTI which proves that Chargesheet was drafted by other authority.
so Can whole disciplinary proceeding be treated as null and void.
Shailesh Kr. Shah
(Expert) 04 September 2011
yes, prima facie can be. If you, provide full details, we can advised accordingly.
prabhakar singh
(Expert) 04 September 2011
Expert : Shailesh Kr. Shah rightly looks for facts in detail to view the impact .
M/s. Y-not legal services
(Expert) 04 September 2011
But here what you mean for charge sheet? Except concern authority who can draft the charge sheet?
prabhakar singh
(Expert) 04 September 2011
Dear Mr. Tom!
Who so ever drafted it but it was not drafted by authority concerned /or authorized,so his abstract question is SHOULD not it render, the whole disciplinary proceedings null and void???
what is surprising in it??
i wanted to assess facts test the desired implications,but that has not come out.
if one can answer this abstract, then it is either yes or no!
but i am not able to do so???can you???
Raj Kumar Makkad
(Expert) 04 September 2011
It hardly matters who prepared charge-sheet but question is that it was issued by disciplinary authority under its own signature and seal (if necessary) then it is not null and void on this ground and the disciplinary proceeding cannot be treated as vitiated.
prabhakar singh
(Expert) 04 September 2011
After advise posted by Expert : raj kumar makkad i can now safely answer in his agreement .
Guest
(Expert) 04 September 2011
Advice of Shri Raj Kumar makkad is correct, as mere issue of charge sheet is not the decisive stage of a disciplinary case. There is a long process of disciplinary proceedings from the stage of issue of a charge sheet till the stage of final decision of the disciplinary authoity. It all depends upon the award of specific penalty, if made on the advice of third party. Only that becomes prejudiced.
So, disciplinary case cannot be treated as null & void merely on the ground that the charge sheet was served as drafted by some other authority. We cannot assume that all the Disciplinary Authorities must be knowing proper drafting of a charge sheet.
K.S.Srinivas
(Expert) 04 September 2011
I fully agree with the experts Raj Kumar Makkad and P.S. Dhingra.
Even though there is documentary evidence to the effect that charge sheet is drafted by the person other than the D.A., the disciplinary proceedings are vitiated. If there is documentary evidence to the effect that the punishment awarded by the DA is influenced by other factors, then the disciplinary proceedings are null and void as the DA has to take the decision independently.
