Home | Legal Advice | Service & Labour | Departmental inquiry without chargesheet is not permitted

Departmental inquiry without chargesheet is not permitted

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Service & Labour

Reading Time:

Question: Is it permissible to conduct a departmental inquiry without a chargesheet being filed? The department has initiated a departmental inquiry against me but did not serve a chargesheet. I have sent many reminders to the head of the department to please provide a copyof the chargesheet but got no response. Please advice whether departmental inquiry can start without framing a chargesheet?

Asked from: Uttar Pradesh

The Supreme Court of India has issued several judgments on the matter of departmental inquiries without a chargesheet. The general principle established by the court is that a departmental inquiry cannot be initiated or continued without a chargesheet, and that the chargesheet must be served on the employee before the inquiry begins.

In the case of Union of India v. J.R. Parashar, the Supreme Court held that a departmental inquiry cannot be initiated without a chargesheet, and that the chargesheet must be served on the employee before the inquiry begins. The court also held that the chargesheet must contain specific allegations of misconduct, and that the inquiry cannot proceed on the basis of a general or omnibus chargesheet.

In the case of Union of India v. S.K. Sarkar, the court held that a departmental inquiry cannot proceed without a chargesheet and that the chargesheet must be served on the employee before the inquiry begins. The court also held that the chargesheet must contain specific allegations of misconduct, and that the inquiry cannot proceed on the basis of a general or omnibus chargesheet.

In another case State of Andhra Pradesh v. S. Lakshmi Rajyam, the court held that “the chargesheet must be served on the employee before the inquiry begins and it must contain specific allegations of misconduct.”

In summary, the Supreme Court has consistently held that a departmental inquiry cannot be initiated or continued without a chargesheet and that the chargesheet must be served on the employee before the inquiry begins, containing specific allegations of misconduct.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54