Law of Service...when You Receive a Charge Sheet ?

Law of services.

When you receive a charge-sheet?

            Most of the people who are in service either with government, semi government, local bodies, private employers or with contractors, could commit a misconduct and the employers shall be at liberty to take disciplinary action against that employee.  Each organization has framed their Punishment and Appeal rules and they take action as per provisions made under those rules.  Therefore, the people who are in service must know these rules and must see that they are not violating the rules and regulations i.e. discipline while serving in the organization. 

            The employers know that the law of natural justice is adopted and they take into their mind that ' no one should be condemned un-heard' and therefore, they issue charge sheet to the delinquent so that he may get an opportunity to give a suitable explanation what charges have been framed against him.  The employee must try to defend himself in a suitable manner and therefore, when an employee receives a charge sheet, he must try to know the following points:

(1)   He must check that the charge sheet is complete i.e. there should be a forwarding letter which must show under which rule charge sheet has been issued, what is the time prescribed during which they are demanding reply, whether there is list of allegations, list of charges, list of documents, list of witnesses and if there had been a complaint or a preliminary enquiry, these documents must be completed before file written reply against the charge sheet.

(2)   Whether the charge sheet has been issued by the competent authority.

(3)   Whether all the documents are with the delinquent or he needs some more documents and when the disciplinary authority has given the name of the office from which documents are available, the delinquent must collect those documents and if there had been a preliminary enquiry, he must read that enquiry report and there had been a complaint, he must read that complaint carefully.

(4)   He must open a new and separate file for this case.

(5)   He must study himself and if need be he should take help from a lawyer or from some experienced person.

(6)   He must submit the reply within the period given to him and if needs more time, he must apply for extension of period for submitting the reply.

(7)   He must not try to bring others in the net, but should try to give explanation that he is not guilty and if need be, he may give the name of person who is actually guilty.

(8)   His reply must be an explanation in defense and must not be offending the disciplinary authority.  The employee must know that he is a public servant and therefore, his language should be within limitation prescribed and must not be offending.

(9)   The employee must co-operate with the enquiry officer and also with the disciplinary authority and must see that he is availing all the opportunities given to him.

(10)                  He must watch the disciplinary proceedings and must remain in contact with the authorities and must not run away because that is not the right course.

                   If the employees act rightly, there are chances that he shall be declared innocent.

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