Non-supply of documents-
jayesh sinha
(Querist) 17 October 2011
This query is : Resolved
i have been given chargesheet in service matterand issued chargesheet but no documents given i asked for documents from administration regarding relied upon documents from vigilance deptt but they are unable to give me documents after lapse of 90days due to which i am unable to give reply to chargesheet kindly let me know what are the legal options available to me so that chargesheet is dropped against me by administration i am unable to give my output as my blood pressue has gone done due to mental harrasement and non-finalization of case kindly guide me experts on service matter
j k sinha
Guest
(Expert) 17 October 2011
It is simple. Give the representation in written by registered post. After the lapse of statutory period make the representation before the admin. After that go to the concerned high court to quash the chargesheet is baseless and no prima facie case madeout. You can also claim the compensation for the loss of undue nice days suffered by the delinquent.
Guest
(Expert) 18 October 2011
Dear Jayesh,
The question arises, whether the charge sheet is for a major penalty or a minor penalty. If the charge sheet is for major penalty out of the list of documents mentioned in one of the Annexures, which have been relied upon, would be supplied by the administration only on appointment of an inquiry officer for holding a regular inquiry. The appointment of inquiry officer can be made only if you deny the charges. In that case, you need not give detailed defence statement right now on each charge. You can just state that you deny the charges and want to be heard in person.
If the charge sheet is for minor penalty, you must insist on supply of the documents before preparing any defence statement and straight away write in your representations that the reply to the charge sheet can be given only after supply of the documents needed for your defence.
Instead of addressing your representations to any officer of the administration, must address the Disciplinary Authority, who signed the charge sheet, through proper channel with one copy direct to him and start sending written reminders to him after every two weeks.
You need not increase your blood pressure. You have every right to go through the documents for your defence.
Don't be impatient to launch any court case unless you have sufficient ground of no reponse from the disciplinary authority.
malipeddi jaggarao
(Expert) 19 October 2011
I agree with Mr.Dhingra. As he rightly told you that if the charges attract major penalty (the disciplinary mentions whether the charges attract major penalty or minor penalty) they will enclose an annexure called List of Documents. As per recent rulings, they are supposed to supply these documents along with the charge sheet. If they do not supply, please represent to the disciplinary authority and the documents mentioned in the annexure were not supplied hence you will not be in a position to give exhaustive replies to the charges. However, in the meanwhile, you can send a reply to the charge sheet denying all the charges without giving much explanations and also mention that in the absence of documents listed in the annexure, you have every right to amend your reply on supply and after perusal of listed documents. The documents to be supplied to you after appointment of Inquiry Officer are different. You will give a list of documents required for defence in the inquiry to inquiry officer in the preliminary hearing and he has to take a decision either to supply them or not. But certainly the disciplinary authority is supposed to enclose all the documents mentioned in the Annexure to the charge sheet while issuing the charge sheet itself.
You have maintain your coolness in such situations. If you become panicky, you can not defend yourself. Maintain calmness as if nothing has happened. In the meanwhile gather all possible documentary evidence to thwart the charges. These are all unfortunate happenings. The results will not be in your hand. Life is not only employment. You have reconcile to your fate, but at the same time, if the charges are frivolous, you have fight out with all your might.
Guest
(Expert) 19 October 2011
Dear Jaggarao,
The instructions to supply the listed documents along with major penalty charge sheet stand since long, but almost all the disciplinary authorities adopt the same old precedent of supplying the documents to the delinquent official through the P.O. before the I.O. during preliminary hearing to avoid any controversy.
jayesh sinha
(Querist) 24 November 2011
hello all law experts,
today penalaty have been imposed on me by disiciplinary authority exparte without supplying the documents which i had asked for my defence so that reply can be given to chargesheet without my reply they have imposed penalty exparte and without giving oppturnity to give my representation the administration is under impression that in minor penaltay there is no provision to demand documents i have been asked to appeal against the penalty to appellate authority what should i do now can any citation of cat or supremecourt can anybody help me in getting natural justice
j k sinha
jayesh sinha
(Querist) 29 November 2011
hello all law experts,
does the penalty imposed by disciplinary authority exparte starts with immediadte effect since i have gone to appellate authority agppealing against imposition of penalty does it means that if the appelate authority takes 1 year to decide the appeal the penalty mposed upon me comes into action even if have gone for appeal
ca you advise what the dar 1968 act says
Guest
(Expert) 29 November 2011
Dear Jayes,
Appeal on the orders of disciplinary authority does not have any bearing on the implementation of penalty order. Orders have to be implemented without waiting for the outcome of the appeal. But, on acceptance of appeal necessary modifications are made on receipt of the orders of the appellate authority. Refund, if any due or recovered in excess, can be made or increments retrieved/ redrawn, if withheld, etc., as the case may be.
