Charge Sheet

Clerical mistake in charge sheet which had not prejudiced civil servant could be corrected at any stage.

Embezzlement and misappropriation Management on receipt of oral information getting accounts thoroughly probed and actual embezzlement and misappropriation became known after verification of accounts

Limitation, in circumstances, held, started not from date of oral information but from date of actual notice after verification of accounts.

Dismissal for misconduct-Charge-sheet-Charge should be precise in its scope and particular in its details-Charge of disobedience of orders of superiors-Names of superiors not disclosed-Charge-sheet, held- not proper.

S. O. 15 (4)-Charge-sheet-Limitation of one month-Bank employee leaving headquarter without intimation and permission and absenting from duty-Charge-sheet served with one month of misconduct coming to notice of competent authority - Cause of action in circumstances, held, continuing due to persist absence hence there was no question of limitation and plea that counting from date of start of absence charge was beyond limitation repelled.

Management can calculate period of absence from any date after absence of ten days till absence continues.

Deemed to have been served on date mentioned on A.D. receipt.

Charge-sheet -Limitation-One month of commission or within one month of knowledge of alleged misconduct-Plea of charge-sheet being time-barred raised in grievance notice and refuted by employer in reply to grievance notice-Plea not taken in grievance petition but raised in statement before Labour Court and no evidence in rebuttal produced-Charge-sheet not proved to have been served within one month of knowledge of misconduct-Whole proceedings including impugned dismissal order, in circumstances, held fall to ground and Labour Court erred in dismissing grievance petition on grounds that plea of time-barred charge-sheet not taken in grievance petition

Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A and 38(3).

Served after expiry of one month of alleged misconduct-Time-barred-Dismissal order consequential to such chargesheet, held, illegal - West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15.

S. O. 15 (4)-Charge-sheet-Charge of absence for more than 10 days-Charge-sheet having been served when absence was more than 10 days, in circumstances, held, not defective.

S. O. 15 (4)-Charge-sheet-Served three months after alleged misconduct coming to notice of employer-Invalid-Workman dismissed-Dismissal order set aside by Labour Court with orders for fresh enquiry-Charge-sheet initially not served within one month-Dismissal second time after fresh enquiry under orders of Labour Court, also, held, not valid because of being based upon invalid charge-sheet.

S. O. 15(4)-Charge-sheet-Not essentially to be issued by employer himself-To be issued by Management or an officer authorised by Management-Charge-sheet issued by Personnel and Industrial Manager-Not objectionable.

Disciplinary action - Charge-sheet - Accused required to be informed of misconduct-Allegations of filthy and abusive language-Repeating specific language alleged to have been used in charge-sheet-Neither necessary nor desirable-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. O. 15 (4).

S. O. 15 (4) - Charge-sheet-Not essential - Misconduct to be brought to notice of accused-Charge-sheet issued about 16 months after misconduct came to notice of management-Accused however informed of alleged misconduct by Chief Executive within one month of misconduct coming to notice of management - Delayed service of charge-sheet subsequently, in circumstances, held, not exceptionable.

Criminal trial-Charge-sheet-Nothing in Criminal Procedure Code debars Police Investigating Officer from submitting fresh report in supersession of his earlier one either on his 'own initiative or on direction of superior police officer (e.g. Senior Superintendent of Police)-Criminal Procedure Code (V of 1898), Ss. 173 & 551.

Domestic enquiry - Charge-sheet Copy of charge-sheet supplied to workman (Bus conductor) [Road Transport Corporation Case] allegedly not signed by District Manager-Original charge-sheet, containing signature of workman in token of receipt of charge-sheet, however signed by District Manager-Charge-sheet copy given to workman in all respect same as signed by District Manager-Such irregularity, in circumstances, held, cannot be given any weight in absence of any 'prejudice to workman.

Delay-Mere delay in charge-sheet-Not sufficient -to vitiate findings of enquiry.

Management entitled to show that delinquent was either negligent or dishonest-Mere joinder of charges-No ground for setting aside order passed on basis of enquiry unless such joinder prejudicial to employee.

Charge Sheet Charge-sheet-Misconduct-Departmental enquiry-Nature of-Duty of employer to give clear charge-sheet and produce evidence on which he relies-Onus of proof of innocence not to be placed on workman.