Hi all,
I am a new member and want a legal opinion on whether a charge sheet may be issued without any written complaint to the Manager. The concerned employee (clerk) was caught red-handed by the CBI in his room based on a written complaint directly made to the CBI. On the basis of the incident that occurred at the office, a charge sheet was issued. Now, the accused is demanding a copy of the complaint in the domestic inquiry.
From Netherlands
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I am a new member and want a legal opinion on whether a charge sheet may be issued without any written complaint to the Manager. The concerned employee (clerk) was caught red-handed by the CBI in his room based on a written complaint directly made to the CBI. On the basis of the incident that occurred at the office, a charge sheet was issued. Now, the accused is demanding a copy of the complaint in the domestic inquiry.
From Netherlands
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Hi Dear,
A chargesheet will be issued based on the Incident Report or relevant records, depending on the contents of such report or record. We may charge the applicable sections based on the evidence provided.
Regards,
Dhiraj
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A chargesheet will be issued based on the Incident Report or relevant records, depending on the contents of such report or record. We may charge the applicable sections based on the evidence provided.
Regards,
Dhiraj
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Hi! In any inquiry, you have to furnish copies of all relevant papers. The person facing the inquiry has the right to defend himself. The principles of natural justice say to hear the other side before deciding the case. The accused person has the right to defend himself through counsel or appear personally to present his case. If he is not provided with relevant papers, how can he present his own case? It is a prerequisite for an inquiry to furnish all papers like the complaint or gist of allegations against him. Otherwise, it will become a one-sided show, which goes against the spirit of the Constitution and the rule of law. Please follow all rules framed under "Civil Services Rules" or relevant service manuals. You can also refer to good law books on Domestic Enquiry or Disciplinary Proceedings.
Ravi Kumar
From India, Hyderabad
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1Ravi Kumar
From India, Hyderabad
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Hi,
What is the basis of the charge sheet? Someone might have made the complaint. The clerk is within his rights to ask for a copy of the complaint. Kindly let me know the complete details. After viewing the details, I can suggest. You can reach me either on my mobile 9810111326 or email
.
Dr. Daleep K Parimoo
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What is the basis of the charge sheet? Someone might have made the complaint. The clerk is within his rights to ask for a copy of the complaint. Kindly let me know the complete details. After viewing the details, I can suggest. You can reach me either on my mobile 9810111326 or email
Dr. Daleep K Parimoo
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It is the right of the accused under natural justice to ask for any relevant documents so that he can prepare the case.
Regarding the manager, it should be checked as the manager is mostly the authority and considered as part of the employer who orders the charge sheet and domestic inquiry. So, it's obvious that the authority, whoever it is, should be informed first, and after his approval, the charge sheet should be issued as his signature is required there too (on the charge sheet).
Daleep is right that you should provide the full details of the case so we can advise you accurately. I am confused about CBI. Was it related to work (government job) or some private job? If private, why is the CBI involved here? Please clarify, as if it's not related to his job, the inquiry or charge sheet will be issued on completely different grounds.
Please provide the details as I am interested in this as it will increase my knowledge too.
Thank you,
Umekulsoom
From Pakistan, Karachi
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Regarding the manager, it should be checked as the manager is mostly the authority and considered as part of the employer who orders the charge sheet and domestic inquiry. So, it's obvious that the authority, whoever it is, should be informed first, and after his approval, the charge sheet should be issued as his signature is required there too (on the charge sheet).
Daleep is right that you should provide the full details of the case so we can advise you accurately. I am confused about CBI. Was it related to work (government job) or some private job? If private, why is the CBI involved here? Please clarify, as if it's not related to his job, the inquiry or charge sheet will be issued on completely different grounds.
Please provide the details as I am interested in this as it will increase my knowledge too.
Thank you,
Umekulsoom
From Pakistan, Karachi
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc