Disciplinary proceeding.
PRADEEP KUMAR MISHRA
(Querist) 01 August 2016
This query is : Resolved
Dear All,
Can a disciplinary proceeding be initiated by serving charge sheet without serving a show cause notice/explanation before the service of the charge sheet? Can any body give some case reference, preferably from SC?
Thanking you all,
with regards
Pradeep
Kumar Doab
(Expert) 01 August 2016
You may go thru Conduct and Discipline Rules, Standing orders, service rules etc of your establishment and relate.
Usually and generically speaking:
The departmental proceedings against a public servant involves various steps e.g:
Lodging of complaint or making allegations of misconduct against the Govt. Servant.
Holding Preliminary Inquiry.
Consideration of the report of the Preliminary Inquiry by the disciplinary authority.
Show cause notice to the delinquent official who is prima facie held responsible in the Preliminary Inquiry.
Replying of the employee to the Show Cause Notice.
Issuance of Charge¬sheet to the delinquent official, in case the reply is considered unsatisfactory by the disciplinary authority.
Your own counsel shall choose the citations if required, at appropriate time.
Guest
(Expert) 01 August 2016
Mr. Pradeep Mishra,
It will be better, if you state the real problem than asking an academic query. Also state, what is the base of the case and whether preliminary investigation was held in the case or not?
Rajendra K Goyal
(Expert) 01 August 2016
Academic query, please state facts.
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
adv.bharat @ PUNE
(Expert) 01 August 2016
Author need to explain the question raised by expert.
