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1 - 10 of 39 (0.38 seconds)Article 226 in Constitution of India [Constitution]
Article 77 in Constitution of India [Constitution]
Article 74 in Constitution of India [Constitution]
The Electricity Act, 2003
Article 14 in Constitution of India [Constitution]
Article 356 in Constitution of India [Constitution]
A.L.Kalara vs The Project & Equipment Corporation Of ... on 1 May, 1984
In the case of A.L. Kalra vs. Project &
Equipment Corporation of India Ltd. (1984) 3 SCC 316, the law as set
out by the Supreme Court, which still holds the field, is that an employee,
before an inquiry is initiated must know the allegations of misconduct
and the intent and purport of a charge-sheet is to enable him to know the
charges and defend them. Issuance of charge-sheet is not a penalty but a
procedural step in the course of a Domestic Inquiry. Charge-sheet, if as
held by the Supreme Court, is in the nature of a notice to a party.
State Bank Of Bikaner & Jaipur & Ors vs Shri Prabhu Dayal Grover on 19 September, 1995
In the
case of State Bank of Bikaner & Jaipur and Ors. Vs. Prabhu Dayal
Grover, (1995) 6 SCC 279, one of the issues that arose for consideration
before the Supreme Court was if a letter served by the Bank containing
allegations against the Delinquent Officer and forming the basis of the
charge-sheet could be termed as a charge-sheet. Relevant part of the
letter is as follows :-
Krishna Chandra Tandon vs The Union Of India (Uoi) on 24 April, 1974
47. Examining the issue on the anvil of the aforesaid judgments, in my
view, the argument of the Petitioner that Terms of Reference cannot be
the basis of the inquiry, in the absence of a conventional Charge-sheet,
cannot be sustained. I have also carefully perused the Terms of
Reference, which contained 18 allegations against the Petitioner and a
bare perusal of the same leads me to conclude that the terms clearly,
unequivocally and unambiguously conveyed the allegations leveled
W.P. (C) 4031/2020 Page 44 of 75
against the Petitioner to enable him to effectively defend him. As held by
the Supreme Court, the purpose of a charge-sheet is two-fold, viz. to
communicate to the Delinquent Officer the nature of allegations and to
enable him to effectively defend the allegations as also to contest if the
allegations amount to a misconduct in terms of the Service Rules and
keeping in background the nature of duties, obligations that are required
to be undertaken with respect to the post occupied by the officer. The
Terms of Reference fulfill all the required parameters of a Charge-sheet,
albeit, it may not be termed as 'charge-sheet' or 'Charge Memo' in the
conventional sense. Supreme Court in Krishna Chandra Tandon vs. the
Union of India, (1974) 4 SCC 374, observed that there is no magic in the
word 'charge-sheet'. The Terms of Reference meet the dual purpose of
communicating the allegations and enabled the Petitioner to effectively
defend himself.