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Reference under Article 317(1)

(Querist) 22 October 2010 This query is : Resolved 
I have received three charges and directed to proceed for recording of evidences. The charges are as foolows:
1. That the Charman, Dr, Ram Singhasan Singh and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission misused their office and indulged in corrupt practices while making recommendations for selection of candidates in the first Limited Competitive Examination as detailed in the Vigilance Report No. 19/2005.

2. That the Chairman, Dr. Ram Singhasan Singh and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission had abused their official position and indulge in corrupt practice while making recommendations for appointment of Shri Arun Kumar Sinha as Stadium Manager of Moinul Haque Stadium, Patna, as detailed in vigilance Report No. 10/2006.

3. That the Chairman, Dr. Ram Singhasan Singh and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission have also committed a number of irregularities in sending recommendations for appointment of office of the Bihar Veterinary Services (Class-II) as detailed in F.I.R. in vigilance P.S. No. 20/2006, all of which are serious acts of misconduct, if established.

My query is:
Whether the three charges are charges as defined law;
Whether the details are not necessary to be attached with the said statements;
Whether the I have to undergo the inquiry without knowing the details of the charges;
Whether recording of evidences would be proper without the details of the charges having been specified.
Devajyoti Barman (Expert) 22 October 2010
1. Yes those are charges.
2. In the charge sheet the details are not required.
3. The charges are detailed enough.
4. In the inquiry proceeding you will get the opportunity to put the objection if the proceeding goes beyond the scope of the charges.
Kirti Kar Tripathi (Expert) 22 October 2010
Yes, as advised by Devajyoti those are charges and in charge sheet the details are not required. However, you have a right to demand the details and documents before replying the charges and participating in the proceedings.
s.subramanian (Expert) 23 October 2010
I disagree. The charge memo has to contain the bases of the charges also. Mere charges would not suffice. It has to accompany the reasons and the grounds on which the charges are levied. it is mandatory. The charge memo issued to you in the absence of such grounds is irregular and improper. Without having the same,how can you reply to them? It if the duty of the officer issuing the charge to intimate you about the grounds. If it is not done,take it as a ground and inform them that you are unable to answer the charges for this reason. The charge memo issued to you is as bald as it can be. You challenge it by filing a writ.
Devajyoti Barman (Expert) 24 October 2010
Yes that is true but I think that the charges as stated above contain enough details to be legally enforceable.


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