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Reply of the chargesheet

Querist : Anonymous (Querist) 03 October 2022 This query is : Resolved 
i have been chargesheeted for being absent from grp b services central govt.. i need assistance in drafting the reply.. plz help
kavksatyanarayana (Expert) 04 October 2022
It is not a legal query. Consult a local lawyer who has knowledge in service matters.
Sourav Das (Expert) 05 October 2022
Call or mail me for assistance
P. Venu (Expert) 05 October 2022
It appears that a charge-memo has been issued proposing to hold the inquiry, If so, no detailed reply is required. The charged officer need only file a simple defence statement. Even a simple denial of the charges, article-wise, would suffice.
Pradipta Nath (Expert) 06 October 2022
Refuse all the charges if at all are likely to be rejected. Consult an Advocate who specialises in service matters for better reply as this document will pave the way towards your conviction or acquittal.
P. Venu (Expert) 06 October 2022
In the present stage, the charged officer only needs to file a simple statement of defence denying the charges. The statement is not much significance in the final outcome of the proceedings.
Pradipta Nath (Expert) 07 October 2022
The significance of any draft varies from Advocate to Advocate. For me it has to be prepared with utmost care as based upon it further course of action is prepared. This is significant to the extent that no fact other than those having proving connection with the matter in controversy should be looked into by the court/tribunal/enquiry officer for the court will not waste it's time in examining any material, however interesting it may be, if it has no bearing upon the matter in controversy.
T. Kalaiselvan, Advocate (Expert) 07 October 2022
For any assistance with regard to give a reply statement you may approach any advocate in the local and get it drafted properly
P. Venu (Expert) 07 October 2022
The statement of defence is required to be submitted in terms of sub-rule 4 of Rule 14 of the CCS(CCA) Rules, 1965. Even if the Government servant omits to submit the statement of defence, the Disciplinary Authority is obliged to conduct the inquiry proceeding in terms of the provisions laid down under Rule 14.

"14. Procedure for imposing major penalties:-

(4) The disciplinary authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charges is proposed to be sustained and shall require the Government servant to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.

(5)(a) On receipt of the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as are not admitted, or, if it considers it necessary so to do, appoint, under sub-rule (2), an inquiring authority for the purpose, and where all the articles of charge have been admitted by the Government servant in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 15.

(b) If no written statement of defence is submitted by the Government servant, the disciplinary authority may itself inquire into the articles of charge, or may, if it considers it necessary to do so, appoint, under sub-rule (2), an inquiring authority for the purpose.

(c) Where the disciplinary authority itself inquires into any article of charge or appoints an inquiring authority for holding an inquiry into such charge, it may, by an order, appoint a Government servant or a legal practitioner, to be known as the "Presenting Officer" to present on its behalf the case in support of the articles of charge."

The issues that could be considered in a judicial review is, generally, the decision making process as to the initiation of the proceedings, findings of the inquiry officer, final order of the Disciplinary Authority and decision, if any, of the Appellate Authority , and not the decision itself. There could be no reappreciation of evidence.

In the instant case, it would be suffice for the queriest to submit a simple statement denying the charges on the ground of the leave, as applied for, has been for bona fide reasons and hence the absence from duty is not unauthorized.

Pradipta Nath (Expert) 07 October 2022
Simple unserious reply amounts to fatal often. Court is the expert of all expert. However opinion varies from Advocate to Advocate.
Querist : Anonymous (Querist) 07 October 2022
Since the charges are on account of unauthorized absence,and charges leveled are 3(1) (ii) (iii) (xix),can i resign with immediate effect or have to face the inquiry compulsarily?coz if they dismiss it can jeopardise my future career..
Isaac Gabriel (Expert) 08 October 2022
Normally, resignation would be considered after the disposal of the charges.However it is the prerogative of the disposing authority.
Pradipta Nath (Expert) 08 October 2022
After resignation, you are not duty bound under your employer. Whether your application is accepted or rejected is irrelevant! You are a free bird in this democratic nation till your employer does not become the dictator of India. But at the same time you should be ready to face consequences like litigation, full and final settlement, releasing letter etc.
R.K Nanda (Expert) 08 October 2022
take help of local lawyer.
P. Venu (Expert) 08 October 2022
The scheme of the proceedings as provided under Rule 14 does not require anything more than a brief denial in reply to the charge-memo.

The charged officer has sufficient opportunity to adduce evidence in the subsequent stages and to submit his written brief. Furthermore, Rule 15 provides for the charged officer to be supplied with the Inquiry Report as well as the advice of UPSC, wherever applicable, and submit his representation/submissions before the Disciplinary Authority makes the Final Order..

Generally, resignation would not be accepted once the disciplinary proceedings has been initiated.

Leaving the job without the acceptance of the resignation amounts to 'absconding' and such a person would find difficult to get a secure job even in the private sector, given the rigours of the present-day BGV process.

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