sanjay verma 15 October 2020

false charge sheet

If an IO files false charge sheet against accused, what is the remedy?
1. one should complain to his superiors/vigilance
or
2. Should bring to courts notice as arguments
pl advise

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Quick Summary

If an investigating officer files a false charge sheet, the accused has several avenues for remedy. Initially, one can complain to the officer's superiors or vigilance department. Alternatively, the court can be notified of the false charge. The advice suggests approaching the Appointing or Disciplinary Authority with supporting evidence, and if no response is received, appealing to the Government within 90 days. If justice is still not served, approaching the Hon'ble Court is the final step, where explaining the charge sheet's lack of legal basis can lead to it being quashed, especially in cases of undue delay.

3 Replies

SRINIVASA REDDY BASIREDDY 15 October 2020

Sir,

False Charge Sheet is failed against any employee, you can approach to the Appointing Authority or Disciplinary Authority with relevant material. In case, the Appointing Authority is not responded , then you appeal for Government within 90 days, in case, where you do not get relief , first you send the representation along with supported documents to all the higher ups for doing justice in your case and finally you approach the Hon'ble Court, but you clearly explain that the Charge Sheet is not mandatory with rule position, then automatically the charge sheet is quashed in Courts. Generally the Charge Sheet is quashed only in delayed cases. B.Srinivasa Reddy, Sub-Treasury Officer, District Treasury Office, Guntur, AP. 9398889702

With regards.