1. Framing of Charges -
(a) Charge should contain particulars of the misconduct and
should give the date, time, place, persons, or things involved.
(b) Language of the charge must be clear, precise,
unambiguous, and free from vagueness.
(c) Separate charge should be framed in respect of each
separate misconduct. Multiplication or splitting up of charges in respect of
the same allegation should be avoided. If in the course of same transaction more
than one misconduct is committed, each misconduct with imputation should be
separately mentioned.
(d) Charge should not contain expression of opinion as to
the guilt of the employees as it would mean that the disciplinary authority has
prejudiced his mind and prejudged the issue.
(e) The word ‘that’ should be used at the commencement of
the Article of charge to mean that they are not conclusions but only charges or
allegations.
(f) Charge should not relate to matter, which is already the
subject matter of an enquiry.
(g) Charge should mention the nature of misconduct/
misbehaviour.
(h) Charge should mention the standing order/ conduct rule
violated.
(i) Charge should be accompanied by statement of imputations
of misconduct or misbehaviour and lists of witnesses and documents.
(j) Statement of imputations should contain all relevant
facts, in the form of narration.
(k) Statement of imputations should not refer to the
preliminary enquiry report unless it is sought to be relied upon in support of
the charge.
(l) Statement of imputations should not refer to advice of
Vigilance Commission, Vigilance Department or any such agency or functionary.
(m) Statement of imputations should include admission or
confession made by the employee.
(n) Statement of imputation should not enter into discussion
of the evidence or express a view on the merits of the case.
(o) List of witnesses should be complete. Only such of them,
who are proposed to be examined in support of the charge, should be mentioned.
(p) List of documents should be complete. Specific documents
should be mentioned and not mere files unless the whole file is sought to be relied
upon. Only such documents should be mentioned which are relied upon.
(q) Charge sheet should not indicate the penalty proposed to
be imposed.
(r) Charge sheet may be withdrawn, if there are any flaws or
for any other reason and a fresh charge may be framed.
(s) Competent authority should issue charge sheet.
(t) Charge Sheet should be served with a Memorandum, mentioning
the Rule under which the employee is being proceeded against and requiring him
to submit his explanation within a specified period considered reasonable or as
provided in the Rules.
(u) In exceptional circumstances, charge sheet may be
amended during the course of the enquiry, in which case, sufficient opportunity
should be given to the delinquent employee to answer the amended charge.
(v) Any stipulated time to charged employee to reply.
(w) Mention the consequences if no reply is received within
stipulated time.
(x) Charge should give details regarding name of the person
or the object with which it is concerned. If this is not mentioned, then the
charge is invalid as shown hereunder:
(i) Disobedience - The word
“disobeyed” must be mentioned. What was the direction and what was the conduct,
which contravened it, should be specified in the charge.
(ii) Theft - Full particular of materials stolen
must be mentioned. When the charge was
that the worker sold the wastepaper belonging to the company, then the party to
whom it was sold must be mentioned.
(iii) Threat, abuse, or incitement - Sometimes,
some words are addressed to a person, and they may constitute either threat or
abuse. If the person addressed is a
superior person, it amounts to insolence.
When such words are addressed to particular person, the name of such
person should be mentioned. When such words are addressed to a large number of
persons, then mentioning of names is not necessary. In the charge of inciting
the workers to go on strike, it is necessary to give names of workers incited.
Particulars of abusive language used must be given.
(iv) Misappropriation - All
particulars of amount misappropriated must be given.
(v) Falsification of records - If
details of particular items in respect of which the offence of falsification of
records was committed are not mentioned, then the omission is fatal to the
charge.
(vi) Rioting - In case
of riotous incident involving several persons, it is sufficient to specify the
particular incident, which amounts to misconduct.
(vii) Negligence - On
charge of gross negligence involving the company into considerable financial
loss it is not necessary that all the amount of financial loss should be
mentioned because it is not relevant to charge. If it is not mentioned, the
charge is not bad.
(viii) Bribery - If the
employee is charged of taking bribe with the object that he will use his
influence with any other public servant, then the words “with any other public
servant” must be mentioned in the charge.
(ix) Unauthorized use - When the
charge was that car was used as Taxi, then the copy of the check report
containing the names of passengers should be given.
2. In certain cases, the manner of commission
of misconduct should also be mentioned.
(a) If “A” is accused of cheating “B”, then the charge must
set out the manner of cheating.
(b) If “A” is accused of having obstructed “B” then the
manner in which “B” was obstructed must be said.
(c) If “A” is accused of stealing certain articles from a
certain place at a certain time, then the charge is very clear even if the
manner is not mentioned.
(d) Charge of deception - It is of
no use using expressions like ‘fraud’, ‘fraudulent issue’ or ‘fraudulent
disposal’ without giving particulars of fraud.
(e) Immoral character - If a
person is charged for this, it is not sufficient merely to state the nature of
charge, but sufficient details must also be given to enable the accused to
understand the exact nature of charge.
(f) Insolent behaviour - Charge
is vague if the date of incident, how and why and when the applicant acted
insolently against the Manager is not spelt out clearly.
3. Charge sheet should contain facts instead
of mere inference or judgment from facts. Some very important defects in the
charge in this respect are mentioned herein below: -
(a) Insolent - When the
charge is that the worker behaved in an insolent manner and persuaded others to
stop the work, it is vague since it is devoid of essential particulars.
(b) Instigation - The word
‘Instigate’ means something more than merely asking a person to do a particular
act. It should amount to urging further or to provoke or encourage doing an
act. In view of this, the stimulating words must come from a person exercising
some kind of influence. When particulars
of incitement were not given, then the charge is vague.
(c) Misbehaviour or Indiscipline - Absence
of specific particulars as to when, where, with whom and the exact misbehaviour
/ indiscipline, the charge is said to be vague.
(d) Unsatisfactory work or Negligence - When the
charge is that the work was unsatisfactory, then it is too vague a charge.
(e) Slow down - The charge that worker was slow and irresponsible in performing his work is vague. It is incumbent on the employer under the Standing Orders to give him sufficient particulars, which would enable him to give a proper explanation and to defend himself, properly. By this charge sheet, employee does not know on what days he slowed down, what is the norm that the employer expects, how he has fallen below that norm.
OPEN - CCA Rules - References (open)
