An employee is estopped from challenging a fresh charge sheet on the grounds of non-disclosure of reasons for withdrawing a previous one if the fresh charge sheet was issued to rectify deficiencies specifically raised by the employee.

ORDER (ORAL)

Per Hon’ble Mr. Pankaj Kumar, Member-Administrative

In this case relating to charge sheet, the applicant has sought following reliefs:

(i) To quash the charge sheet dated 26.09.2019 as contained in Annexure No. 1 to this O.A.

(ii) To issue any other direction/order which this Hon’ble Tribunal deems just and proper.

The applicant, while working as Senior Auditor, was issued a charge sheet dated 01.02.2018 under rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, hereafter] for allegedly assaulting and intimidating the Principal Controller of Defence Accounts (PCDA) on 09.10.2017. The applicant challenged the charge sheet dated 01.02.2018 before this Tribunal in OA No. 139 of 2018 whereupon this Tribunal, vide judgment and order dated 03.10.2018, stayed the charge sheet dated 01.02.2018. The applicant had also challenged two orders dated 03.04.2018 appointing the enquiry officer and the presenting officer in OA No. 139 of 2018 and this Tribunal declined to stay these orders vide the aforementioned judgment and order.

During the pendency of the OA No. 139 of 2018, the respondents withdrew the first charge sheet dated 01.02.2018 and issued a fresh charge sheet on 26.09.2019. Aggrieved, the applicant has preferred this OA.

The applicant has two objections against the fresh charge sheet dated 26.09.2019. His first objection is that the respondents withdrew the first charge sheet dated 01.02.2018 vide letter dated 14.05.2019 but the withdrawal letter dated 14.05.2019 was not supplied to him and as such the respondents violated instructions of DG, P&T dated 05.07.1979 which bar initiation of fresh proceedings unless the reasons for cancellation of the original charge sheet are mentioned.

The applicant’s second objection is that the respondent no. 6, who was appointed as disciplinary authority vide order dated 03.01.2018, has no power or jurisdiction to issue the fresh charge sheet dated 26.09.2019 as he was appointed to conduct proceedings against the first charge sheet dated 01.02.2018.

Per contra, the respondents state that following the stay of charge sheet dated 01.02.2018 in OA No. 139 of 2018 granted by this Tribunal, it was decided vide letter dated 14.05.2019 that the charge sheet dated 01.02.2018 may be withdrawn and a fresh charge sheet under the signature of the competent disciplinary authority may be issued. Accordingly, fresh charge sheet dated 26.09.2019 was issued which was received by the applicant who sought time of six weeks vide his letter dated 29.11.2019 to reply. It is contended that as the applicant sought time for replying to the impugned charge sheet dated 26.09.2019, the present OA is infructuous/premature.

The respondents also contend that the fresh charge sheet dated 26.09.2019 is just, proper and legal as the President of India has appointed respondent no. 6 in the matter vide order dated 03.01.2018.

We have heard both the parties.

We first examine the grievance of the applicant that he was not informed of the reasons for withdrawal of the first charge sheet dated 01.02.2018 as required under DG P&T letter dated 05.07.1979 quoted below:

“(3) Reasons for cancelation of original charge sheet to be mentioned for issuing a fresh charge sheet. - It is clarified that once the proceedings initiated under Rule 14 or Rule 16 of the CCS(CCA) Rules, 1965, are dropped, the Disciplinary Authorities would be debarred from initiating fresh proceedings against the Delinquent Officers unless the reasons for cancellation of the original charge-sheet or for dropping the proceedings are appropriately mentioned and it is duly stated in the order that the proceedings were being dropped without prejudice to further action which may be considered in the circumstances of the case. It is, therefore, important that when the intention is to issue a subsequent fresh charge sheet, the order cancelling the original one or dropping the proceedings should be carefully worded s