VIGILANCE MANUAL VOLUME III - AP Online

868 DECISION - 468
but for the satisfaction of the officials that the suspected public servant
would have really handled the bribe money.
(468)
Inquiry — ex parte
In an ex parte proceedings, where charge sheet sent
by registered post was returned “left without any
instructions”, as also subsequent communications,
failure to furnish copy of Service Commission
advice, causes no prejudice.
B.Venkateswarulu vs. Administrative Officer of ISRO Satellite Centre,
1999(2) SLJ CAT Bangalore 241
The applicant, a Scientific Engineer, ISRO Satellite Centre,
Department of Space, was proceeded against in disciplinary
proceedings for unauthorised absence. Charge sheet sent by
registered post to the address given by him was returned “left without
any instructions”. The communication sent by Inquiry Officer to
appear for the inquiry as well as subsequent communications
informing him of the dates of the inquiry were all returned with
endorsement “left without instructions” or “whereabouts not known”.
The inquiry proceeded ex parte and the inquiry officer issued notice
requiring the applicant to submit written brief and it was also returned
unserved with the endorsement “left without instructions”. Disciplinary
authority sought advice of Union Public Service Commission and the
latter sought the opinion of the Law Ministry. The Ministry of Personnel
by letter dated 26.4.95, informed the Department of Space that the
charge sheet may be either affixed at the door of the residence of
the employee or alternatively the charge sheet may be published in
some local newspapers. The disciplinary authority got a notification
issued referring to the charge sheet framed against the applicant
and about the communications addressed to the last known address
having been undelivered and calling upon the applicant to respond
within 15 days failing which it would be presumed that he has no