Ref:-
1. Memo.No.490/SC.E/87-1 G.A.(SC.E)
Dept., dt.13-3-87.
It
has been brought to the notice of the Government that due care and caution is
not being taken by the Departments while framing charges against delinquent
officers. As a charge Memo is the essence of an allegation setting out the
nature of the accusation in general terms, such as negligence in the
performance of official duties, breach of conduct rules, misconduct etc., it is
necessary to frame the articles of charge with great care. All Departments of
Secretariat are requested to keep the following important aspects in view while
framing charges against the delinquent officers hereafter: -
a) Each charge
should be expressed in clear and precise terms and should not be vague.
b) A separate
charge should be framed in respect of each separate transaction/event or a
series of related transactions/ events amounting to misconduct/misbehaviour.
c) If the
transaction / event amounts to more than one type of misconduct then all the
misconducts should be mentioned.
d) If a
transaction/event shows that the Government servant must have been guilty of
one or the other of misconducts depending in one or the other set of
circumstances, then the charge can be in the alternative.
e) Multiplication
or splitting up of charges on the basis of the same allegation should be
avoided.
f) The wording of
the charge should not appear to be an expression of opinion as to the guilt of
the delinquent official.
g) A charge should
not relate to a matter which had already been the subject matter of an inquiry
and decision, unless it is based on benefit of doubt or on technical
consideration.
h) The charge
should not refer to the preliminary investigation.
i) The articles of
charge should first give plain facts and then mention the nature of
misconduct / misbehaviour.
j) The statement
of imputations should give full and precise recitation of the specific and
relevant acts of commission or omission on the part of the Government servant
in support of each charge including any admission or confession made by the
Government servant and any other circumstances which it is proposed to take
into consideration. In particular, in cases of misconduct / misbehaviour, it
should mention the conduct / behaviour expected or the rule violated. It should
be precise and factual. While drafting the statement of imputations it would
not be proper to mention the defence and enter into a discussion of the merits
of the case. Wording of the imputations should be clear enough to justify the
imputations in-spite of the likely version of the delinquent.
k) The list of
witnesses should contain the names of only those witnesses who will be able to
give positive evidence to substantiate the allegations.
l) The list of
documents should mention documents containing evidence in support of the
allegations which are proposed to be provided during the inquiry on behalf of
the disciplinary authority.
All material particulars given in the allegations, such as dates, names, figures, totals of amounts etc., should be carefully checked with reference to original documents and records.
OPEN - CCA Rules - References (open)
