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2013 (10) TMI 247 - SC - Indian LawsValidity of Charge Sheet - Proceedings against the Addl. CIT - Whether the charge sheet issued against the respondents was without jurisdiction - Held that:- The Central Administrative Tribunal as well as the High Court had correctly interpreted the provisions of the Office Order No. 205 of 2005 - Factually also, a perusal of the record would show that the file was put up to the Finance Minister by the Director General of Income Tax (Vigilance) seeking the approval of the Finance Minister for sanctioning prosecution against one officer and for initiation of major penalty proceeding under Rule 3(1)( i ) and (3) (1) (iii) of the Central Civil Services (Conduct) Rules against the officers mentioned in the note which included the appellant herein - Ultimately, it appeared that the charge memo was not put up for approval by the Finance Minister. The action had been taken against the respondent in Rule 14(3) of the CCS( CCA ) Rules which enjoins the disciplinary authority to draw up or cause to be drawn up the substance of imputation of misconduct or misbehaviour into definite and distinct articles of charges - The term “cause to be drawn up" does not mean that the definite and distinct articles of charges once drawn up do not have to be approved by the disciplinary authority - The term “cause to be drawn up" merely refers to a delegation by the disciplinary authority to a subordinate authority to perform the task of drawing up substance of proposed “definite and distinct articles of charge sheet" - These proposed articles of charge would only be finalized upon approval by the disciplinary authority - Article 311(1) does not say that even the departmental proceeding must be initiated only by the appointing authority - However, at the same time it was pointed out that “However, it was open to Union of India or a State Government to make any rule prescribing that even the proceeding against any delinquent officer shall be initiated by an officer not subordinate to the appointing authority” - It was further held that “Any such rule shall not be inconsistent with Article 311 of the Constitution because it will amount to providing an additional safeguard or protection to the holders of a civil post." During the pendency of these proceedings the appellants have after 2009, amended the procedure which provides that the charge memo shall be issued only after the approval is granted by the Finance Minister - it appears that the appeals in these matters were filed and pursued for an authoritative resolution of the legal issues raised. Although number of collateral issues had been raised by the learned counsel for the appellants as well the respondents, we deem it appropriate not to opine on the same in view of the conclusion that the charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law - there was no merit in the appeals filed by the Union of India - CAT had granted liberty to the appellants to take appropriate action in accordance with law.
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