User:K.V.Ramanathan

Disciplinary Cases (part -1) Drafting of Charge memo

As soon as it comes to know about some lapses have been committed and a person has committed the lapses a preliminary investigation has to be conducted in the presence of the person committed the lapses. During the Preliminary investigation individual statements have to be obtained from each person inquired and in each statement signature obtained from him and also from the person committed the lapses. The next step to be taken depends upon the serious nature of lapses committed .At this stage the disciplinary authority should decide if lapses proved what type of punishment has to be imposed whether minor or major. The procedure followed for award of minor punishment is very simple where as the procedure followed for award of major punishment elaborate. In order to award minor punishment, the person committed lapses has to be issued with a show cause notice calling him to submit within a prescribed time limit his explanation as to why he should not be awarded the punishment for the lapses committed by him. The accused may be permitted to peruse records if any required by him to submit his explanation if found genuine. The above notice has to be served in duplicate and the accused has to resubmit the duplicate copy along with his dated signature. The disciplinary authority, after carefully studying the show cause notice, the explanation of the accused and all other connected records, has to come to a conclusion whether the explanation was satisfactory or not. If it is not satisfactory and if he has got powers to issue Punishment Orders, he can do so. If he has got no powers, then he has to recommend the case to the punishing authority for necessary orders. There must be an appeal clause in the punishment orders. In order to award major punishment, an elaborate procedure as detailed below has to followed; ( to be continued in part 2)