Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973- --R. 6 (1)-Charge-sheet-Statement of allegations-All facts and details of allegations mentioned in charge-sheet-No separate state­ment of allegations attached-Objection as to legal requirement of charge-sheet to accompany with separate statement of allega­tions-Held: even though the letter of law not followed spirit of same complied with and no prejudice caused to accused in his defence. (b) Government Servants (Efficiency and Discipline) Rules, 1973- --R. 6-Enquiry proceedings-Charge-sheet containing one charge-­Second charge added by Enquiry Committee at time of hearing-­Such action on part of Enquiry Committee, held, not justified-­Penalty imposed on basis of both charges-Findings of Enquiry Committee, in circumstances, held, will have to be ignored for purposes of appeal before Service Tribunal against penalty order­-Service Tribunals Act (LXX of 1973), S. 4. (c) Government Servants (Efficiency and Discipline) Rules, 1973- --R. 6-Enquiry Committee-Proceeding initiated on report of Reve­nue Officer who reported alleged misconduct in his official capacity to higher authorities-Same Officer included in Enquiry Committee comprising three Officers ; two other Officers on Enquiry Committee very much Senior to such Revenue Officer--Objection that such officer became a judge in his own cause and thus entire proceedings stood vitiated-Objection rejected-Held : Presence of such Revenue Officer on Enquiry Committee although not quite regular, yet did not cause any prejudice to accused in his defence in circumstances. (d) Government Servants (Efficiency and Discipline) Rules, 1973- --R. 5 (iv)-Findings of Enquiry Committee-Non-supply of copy to accused before imposition of penalty-An irregularity-Accused admitting alleged charge in his statement before Enquiry Com­mittee-Availing of opportunity of explaining his position in sub­sequent departmental representation as well as before Service Tribunal --Service Tribunal in circumstances, expressing satisfaction that non-supply of Enquiry report to accused had not materially affected his case-Service Tribunals Act (LXX of 1973), S. 4. (e) Government Servants…

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