Court in the said charge-sheet for conducting further
investigation with liberty to file further charge-sheet for the offences
punishable under the MCOC ... officer is incomplete and
defective charge-sheet. The said charge-sheet could not be said to be a
charge-sheet
showing him as an
accused. The trial Court taking the incomplete/defective charge sheet on file
is only for the purpose of defeating petitioner ... cases. Despite the same, the trial Court
entertained such incomplete/defective charge sheet and denied the
petitioner’s statutory right of bail.
5.2. Further
contending that a defective charge sheet
filed is no charge sheet in the eye of law and, therefore, he is
entitled to statutory bail ... charge sheet to be filed. Charge
sheet is filed awaiting report of FSL. That by itself cannot make the
charge sheet defective and the alleged
overleaf of the charge sheet regarding return and
6
resubmission of charge sheet would go to show that charge sheet
has already been filed ... termed as either incomplete or defective charge sheet.
Thus, mere return of charge sheet will not confer any right to the
accused to seek default
concerned with preliminary or final charge-sheet. With regard to filing of preliminary and final charge-sheets, we are having number of decisions ... charge-sheet within the stipulated time under the guise of filing defective charge-sheet and then knowing fully well that it will be returned. Until
charge sheets are vitiated being issued
with malafide.
(ii). Once this Tribunal had quashed the
previous proceedings on the ground that the
charge sheet ... time of
quashing the charge sheet by the Tribunal is
contemptuous.
(iv) The impugned charge sheets are counter
blast of the order passed
institute de novo proceedings against the appellant after
rectifying the defect in the charge sheet.
While the departmental proceedings were going on, the
trial against ... departmental enquiry and the
appellant succeeded because of a manifest defect in the
charge sheet. The President never intended that the
appellant should be deemed
learned judge decided the whole application was whether the charge-sheet was defective or not, leaving the other points undecided. The decision appealed from ... giving rise to presumption" in the charge-sheet The charge-sheet reads as follows:--
"That Sri Biswanath Mukherjee, who had been functioning
charge-sheet was filed on 19-10-1987. On the very same day the Magistrate returned the charge-sheet for rectifying certain defects ... filing of complaint/charge-sheet and not with reference to date of taking cognizance by the Magistrate. If the complaint/charge-sheet has been filed
Bajaj Auto Ltd. vs Collector Of Central Excise on 12 October, 1994
Equivalent citations: 1995
