You are on page 1of 1

XIII.

Whether charge-sheet can be rectified


If the charge-sheet contains errors in details such as time or date or place of the incident or names of
the persons or errors in mentioning financial figures or typographical errors, it is competent for the
disciplinary authority to rectify the charge-sheet by issuing corrigendum containing the correct
details and at the same time giving fresh opportunity to the delinquent employee to submit his
explanation once again after reading the corrigendum along with the original charge-sheet.

XIV. Key points on service of charge-sheet


a) To be served on individual workman Even if the misconduct is common for
all delinquent workmen
If a group of employees are involved in a common misconduct like illegal strike, it is necessary to
serve chargesheets individually on the delinquent employees, failing which the disciplinary process
becomes illegal.
Indian General Navigation & Railway Co. Ltd. & Anr. v. Their Workmen, 1960 I LLJ 13 : 1959-60
(17) FJR 241 : 1960 AIR (SC) 219 (S.C.3J)

b) To be sent by registered post If personal service not possible


If the employee is not personally available, the charge-sheet should be sent to him by registered Post
A.D. The registered letter may be refused by addressee in which case it is held to be a sufficient
service of notice.
Yogendra Ghosh v. Dwarka Nath Karmarar, 1888 (15) Cal. 681

c) Can be pasted on the wall of the staff quarters If refuses to take delivery
In case of employee residing in quarters provided by employer, refusing to take delivery of
charge-sheet while on leave or suspension, a copy of the charge-sheet shall be duly pasted on the wall
of his accommodation in the presence of witnesses which will be treated as valid tender of
charge-sheet.

d) To be served at police station If under police custody


In case of an employee who is in police custody, the charge-sheet should be served to him at the
police station in the presence of witnesses.

e) Service as per the mode prescribed under standing orders


Mode of service of charge-sheet is generally given in the Standing Orders of the establishment and
when complied with, it is sufficient notice.

You might also like