VIGILANCE MANUAL VOLUME III - AP Online

640 DECISION - 313
technical flaw, no bar against framing fresh charges.
(B) Administrative Instructions — not binding
Executive instructions are not mandatory, but only
regulatory.
P. Malliah vs. Sub-Divisional Officer, Telecom,
1989 (2) SLR CAT HYD 282
The appellant, a telecommunications official, was issued a
charge sheet and after he gave his reply, the charge sheet was treated
as canceled, and it was reissued later. It was contended that since
the cancellation was without any reservation, the disciplinary
proceedings cannot be started afresh.
The Tribunal held that if the disciplinary authority had dropped
the charges initially framed on the ground of a technical flaw, it would
be open to him to once again frame charges. Instructions issued by
the Director - General, P & T require that reasons should be given
for cancellation of original charge-sheet or for dropping the
proceedings and it must be stated that the proceedings are being
dropped without prejudice to further action. The executive instructions
cannot be held to be mandatory but are only regulatory and breach
of the instructions does not violate any statutory rule nor does the
principle of double jeopardy arise as the applicant was never
exonerated on merits. The original order directing the framing of the
charges was initially passed by the appellate authority and not by the
disciplinary authority and it was in these circumstances the first charge
memo held to be rescinded and a subsequent charge memo issued
by the disciplinary authority. No malafides or colourable exercise of
power is attributed in seeking to reopen the case.
(313)
Misconduct — past misconduct
Past conduct cannot be taken into consideration in